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HomeMy WebLinkAboutCC 16 T.T. MAP 14022 02-05-90DATE: TO: FROM: SUBJECT: FEBRUARY 5, 1990 WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT TENTATIVE TRACT MAP NO. 14022 RECOMMENDATION CONSENT CALENDAR NO. 16 2-5='90 Inter - Com It is recommended that the City Council take the following actions: 1. Approve the Environmental Determination for the project by adopting Resolution No. 90-9; and 2. Approve Tentative Tract Map 14022 by adopting Resolution No. 90-10, subject to the conditions contained in Exhibit A of Planning Commission Resolution No. 2728, attached hereto and incorporated herein by reference. BACKGROUND At their regular meeting on January 8, 1990, the Planning Commission adopted Resolution No. 2728 (attached), recommending to the City Council approval of Tentative Tract Map 14022. In conjunction with the subdivision, the Planning Commission also approved Design Review 88-70 and Variance 89-19 approving the specific site plan and architectural design of the project. The 1.69 acre site, located in an urban area north of the old Irvine Triangle at 1062 and 1082 Wass Street, is comprised of two lots. Lot 1 is developed with a single-family dwelling; Lot 2.is developed with an 11 -unit apartment complex. The applicant intends to demolish the existing dwelling, realign the property line between the two lots and construct nine condominium dwelling units. One of the existing apartments on Lot 2 will be remodeled into two units, for a total of 12 apartments on the site. Tentative Tract Map 14022 proposes to realign the boundary between two existing properties, increasing the land area of Lot 1 by 25 percent to accommodate the construction of nine condominium dwelling units. City Council Report Tentative Tract Map 14022 February 5, 1990 Page 2 PROJECT DESCRIPTION Development plans for the condominium project propose nine two- bedroom units each with a two -car garage. The 9 units will be located in five buildings with access provided from two 25 -foot - wide driveways along Wass Street. A reciprocal access agreement between Lot 1 and 2 will allow pedestrian and vehicular traffic across lot lines. A total of 15 guest parking spaces will be provided for both the condominium and apartment projects. The design of the two-story condominium project reflects a contemporary adaptation of the "Spanish Eclectic" architectural style. Wall surfaces are stucco and roofs are tile. The facades - are generally asymmetrical with an arched or recessed window prominently placed on the front elevation as a visual accent. The design also features wood trellises, wood entry and garage doors, decorative chimney caps and aluminum windows. However, modifications to the rear elevation of Building 1 to minimize a "back of the building" appearance, facing Wass Street, were required by Resolution No. 2729. The existing apartments are one- and two-story structures with stucco walls and shake roofs. The majority of apartment units have one or two bedrooms. However, the one four-bedroom units is to be converted to two two-bedroom apartments. No floor area will be added. After construction of the condominiums, the apartment buildings will be reroofed with composition shingles and repainted to compliment the new development. To provide adequate parking for the apartments, a two -car garage will be constructed on Lot 2 and an existing three -car garage will be relocated from Lot 1 to Lot 2. Analysis of the proposed Tentative Tract Map, site and building plans indicates that environmental issues related to the project can be mitigated to a point where there will not be any significant adverse impacts. Appropriate mitigation measures are included as conditions of approval for the project. Therefore, it is recommended that the City Council make the finding that the requirements of the California Environmental Quality Act (CEQA) have been met, and a Negative Declaration be certified. Community Development Department r City Council Report Tentative Tract Map 14022 February 5, 1990 Page 3 ,r .IEry CONCLUSION Given the analysis conducted by staff and consideration of comments from other agencies, it is concluded that the proposed project meets the requirements of the Tustin Zoning Code, the Subdivision Map Act as adopted, and the California Environmental Quality Act. It is therefore recommended that the City Council approve Tentative Tract Map 14022. Y aula Ra in Christine A. Shingleto Associate Planner Director of Community evelopment PR:CAS:kbc Attachments: Site Plan Elevations Planning Commission Resolution NO. 2728 L. 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I 3. 1 hl I.1 r ♦ •� + I_.. .. •1 lO�ft lnl•••.-.•.♦ JG i ` � ./ •L is -� I,7 � x/.11 i0`•jc.•>• CMMI. >Y •r T•M 11•'•/- .•� � U all o" II + a w 'I o 1 rc 1� � I �' .►� 1 '• 1 t r 1 11 •A ' L �1 4 �- �I 1 ,• d- vow 1 '1c � V r ► F 3 , 4 114- P.J LF y ILi 4 C4 Cl) 9 -11 CL uj L UJI uj F 3 , 4 114- P.J LF y ILi 4 C4 Cl) 9 co ��i �1�1 � '��7��d��MOJ LLJ Ui CL . ............... s 17 IL I-. ILL' ram N No oll ay� 0 I�T- A. 41 t 7X Ht, I-. ILL' ay� 0 Ht, I NEGATIVE DECLARATION �� CITY OF TUSTIN i Ls't 300 CENTENNIAL WAY, TUSTIN, CA. 92680 ii'Project Title: TTM 14022, Design Review 88-70, File No. Variance 89-19 ;;Project Location: 1062 & 1082 Wass Street f; Project Description: Realign lotline separating two parcels; 'construct nine condominium dwelling units and one apartment unit (total of 12 apartments ;lv;,on-site); vary zoning code to allow rear setback encroachments. Project Proponent: Richard C. Webber I� Contact Person: Paula Rankin Telephone: 544-8890 Ext. 257 .1t3, f,ilk 1 , jhe Community Development Department has conducted an initial study for the above project in accordance with the City of Tustin's procedures regarding fp W I-mpl ementati on of the California Environmental Quality Act, and on the basis of that study hereby find: That there is no substantial evidence that the project may have a significant effect on the environment. X That potential significant affects were identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the affects to a point where clearly no significant effects would occur. Said revisions are attached to and hereby made a part of this Negative Declaration. `'erefore, the preparation of an Environmental Impact Report is not required. The initial study which provides the basis for this determination is on R; file at the Community Development Department, City of Tustin. The public 1,1'As invited to comment on the appropriateness of this Negative Declaration during the review period, which begins with the public notice of a tNegative Declaration and extends for seven calendar days. Upon review by ;i" the Community Development Director, this review period may be extended if ' 'deemed necessary. a,REVIEW PERIOD ENDS 4:30 p.m. on January 8, 1990 +, z IIaF01 I ni y D ment Director ommue to p 1,ry CITY OF TUSTIN %.ommunity Development Departmen6 ENVIRONMENTAL INITIAL STUDY FORM Bockground I Name of Proponent A(k 2. Address and Phone Number of Proponent Y, k 34 3. Date of Checklist Submitted 4 Agency Requiring Checklist ;41i: S. Name of Proposal, if applicable TT i 4-02-21 VAR lei 17�1 Environmental Imposts (Explanations of -all "yes" and "maybe" answers are required on attache"d sheets.) Yes M No I Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? bo Disruptions, displacements, compaction or overcovering of the soil? C, Change in topography or ground surface relief features? d. The destruction, covering or modification of any unique geologic or physical features? Any increase in wind or water erosion of soils, either on or off the site? X, f. Changes in deposition or erosion of beach sands', or changes in siltation, deposition or Ati erosion which may modify the channel of a ,11 river or stream or the bed of the ocean or any bay, inlet or lake? uu Ya M be No g. Exposure of people or property to geolo- I gic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards.? 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration ; of ambient air quality? b. The creation of objectionable odors? y,c. Alteration of air movement, moisture, or temperature, or any change in climate, u 8i either locally or regionally? 3. Water. Will the proposal result in: I + . a. Changes in currents, or the course of di - ;I rection of water movements, in either marine or fresh waters? b, Changes in absorption rates drainage* pat- terns, or the rate and amount of surface runoff? c. Alterations to the course or flow of fload waters? d. Change in the amount of surface water in ° " ! if any water body? -.- ,; e. Discharge into surface waters, or in any r r �f;' { a; alteration of surface waterualit in- q Y� cluding but not limited ted to temperature, {! ', dissolved oxygen or turbidity- ? I' f. Alteration of the direction or rate of flow �'+' of ground waters? �- i g. Change in the quantity of ground waters, either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavations? 1 (, h. Substantial reduction in the amount of ro' water otherwise available for public water supplies? X , i. Exposure of people or property P P P petty to water re - luted hazards such as flooding ng or tidal waves? 4if{, l; �I 4 nl+i l I li 1 rAhn i ,A 9. i 1 • 1 Y�' ` Yes 1`o 4. Plant Life. Will the proposal result in: ' a. Change in the diversity of species, or number of any -species of plants (including trees, shrubs, gross, crops, and aquatic plants)? !�.. b. Reduction of the numbers of any 'unique, i 1 rare or endangered species of plants? , I A I C. Introduction of new species of plants into r an area or in a barrier to the normal !u' replenishment of existing species? x I C' d. Reduction in acreage of any agricultural . � crop i:1J� S. Animal Life. Will the proposal result in: a. Change in the diversity of species, or �I numbers of any species of animals (birds, > land animals including reptiles, fish and shellfish benthic organisms or insects)?_ , 9 b• Reduction of the numbers of any unique, rare or endangered species of animals? !' c. Introduction of new species of animals into q an area, or result in a barrier to the migration or movement of animals?_ d• Deterioration to existing fish or wildlifet habitat? 6. Noise. Will the proposal result in: i a. Increases in existing noise levels? b. Exposure of people to severe noise levels? 7. Light and Clare. Will the proposal produce new light or glare? 8. Land Use. Will the proposal result in a sub- stantiaf alteration of the presc:it or planned ' I land use of an area? 1` 9. Natural Resources. Will the proposal result in: Pop � a. Increase in the rate of use of any natural resources? VV L._f l` el l.: 15 I 44 N1: �i S 1 rd .I b. Substantial depletion of any nonrenewable natural resource? 10. Risk of Upset. Will the proposal involve+ a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset condi t ions? b. Possible interference with on emergency response pion or on emergency evacuation Plan? 11. Population. Will the p rop osa l alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect existing hous- ing, or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular. movement? b. Effects on existing parking facilities, or demand for new parking? c. Substantial impact upon existing transpor- tation systems? d. Alterations to present patterns of circula- tion ircula- tion or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? Yes No ._ j " d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services? . ; 15. Energy, Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon exist- ing sources of energy, or require the development of new sources of energy? 16. Utilities. Will the proposal result in a need I„ I for new systems, or substantial alterations to the following utilities: a, Power or natural gas? b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? 1 r,s b. Exposure of people to potential health hazards? 1. 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to >; the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? . 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? °j 'C4II H 20. Cultural Resources. I! a. Will the proposal result in the alteration of or the destruction of a prehistoric or 1�I'I y historic archaeological site? Yes Mlaybe No X X X b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? c. Does the proposal have the potential to cause a physical charge which would affect unique ethnic cultural values? d. Will the proposal restrict existing religious or sacred uses within the potential impact area? 21. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wild- life population to drop below self sus- taining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major -periods of California history or prehistory? b. Does the project, have the potential to achieve short-term, to the disadvantage of long-term, 'environmental goals? (A short- term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts 111 Discussion of Environmental Evaluation /&� ITAC/ ff P -D DIY Determination (To be, completed b y the Lead Agency) yes n will endure well into the future.) c. Does 'the project have impocts which are !: individually limited, but cumulatively con- siderable? (A project may impact on two �i or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those in-pocts on the environment is significant.) 'r I d. Does the project have environmental effects I I ; which will cause substantial adverse effects on human beings, either- directly or indirectly? 111 Discussion of Environmental Evaluation /&� ITAC/ ff P -D DIY Determination (To be, completed b y the Lead Agency) yes n On the basis of ..,tial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. j; I find that although the proposed project could have a significant effect 17,J on the environment, there will not be a significant effect in this case 1 because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. • '` I find the proposed project MAY have a significant effect on the environ- ment and an ENVIRONMENTAL IMPACT REPORT is required. a,, a-,L-L, Date' ig�t DISCUSSION OF ENVIRONMENTAL EVALUATION TENTATIVE TRACT MAP 14022, DESIGN REVIEW 88-70 VARIANCE 89-19 The applicant proposes to demolish an existing single-family dwelling and accessory structures; adjust the boundary between two properties.; construct nine condominium dwelling units; and convert an existing apartment into two dwelling units. The 78,450 -square foot (SF) (1.69 acres) site is located north of the old Irvine Triangle at 1062 and 1082 Wass Street. It is situated within an Urban area and zoned Suburban Residential District (R-4). The site is comprised of two parcels. For identification purposes, they are designated as Lot 1 and Lot 2. Lot 1 comprised, of 22,050 SF, is developed with a single-family residence and two garage structures; Lot 2 is developed with an 11 -unit apartment complex. After the removal of the structures from Lot 1, the lotline separating the two parcels will be adjusted to increase the area of Lot 1 by 25 percent to 29,505 SF. That will provide adequate land area to construct nine condominium units. While the area of Lot 2 will be correspondingly decreased, adequate land area will be retained to allow one of the existing units to be remodeled into two apartments for a new total of 12 apartment units. The condominiums will have attached two -car garages. An existing three -car garage will be relocated and a two -car garage will be constructed on the apartment site, Lot 2, to provide adequate parking for the apartments. I. EARTH - The site is flat, with no unique geological or topographic features. The property is presently developed and the current proposal will require minor grading and compaction to create building pads and facilitate site drainage. Appropriate soils reports and grading plans are required as part of the City's design review, building plan check and permit processes. All applicable code requirements and provisions will be incorporated into the plans to ensure that no adverse impacts, such as dust or soil erosion during the construction phase, will be created. Southern California is designated as seismic zone 4, an area of potentially severe earthquakes, depending on local geological conditions. Sources: City of Tustin Building Division City of Tustin Public Works Department Mitigation Measures/Monitoring: Appropriate measures will be taken during construction to insure adequate dust control during the grading operation. Those measures shall include, but not be limited to, watering the site. If grading takes place between October and March, an erosion control plan will be reviewed, approved and Discussion of Environmental Evaluation Tentative Tract Map 14022, Design Review 88-70 and Variance 89-19 January 8, 1990 Page 2 implemented for the project. Appropriate grading and construction techniques will be followed to minimize geological hazards. These will be monitored by the Building Division. 2. AIR - The proposal will not result in any degradation to the existing air quality based on review of AQMD standards for preparing EIR documents. Sources: AQMD standards for preparing EIR documents Mitigation MeasuresfMonitoring: None Required. 3. WATER - The project will not result in any change to existing surface bodies of water or flow of streams, as none exist near the site. However, the proposal will add impervious surface area to the property which could effect drainage and absorption rates. Appropriate drainage plans are required as part of the City's building permit process and will be designed in accordance with acceptable City Standards. All drainage will be collected on site and transmitted to a public storm drain system. Sources: Field Observation City of Tustin Building Division City of Tustin Public Works Department Mitigation MeasuresfMonitoring: Alterations t o drainage will be subject to review and approval by the City's Building Division and Public Works Department. Compliance with applicable requirements will be verified by the Building Division and Public Works Department prior to certification of rough grading. 4. PLANT LIFE - Existing on-site vegetation includes a few large specimen trees along the east property line and a stand of orange trees at the rear of the parcel. Those plant materials will be removed to construct the new dwelling units. However, new specimen trees and other landscaping will be installed as part of the development plans, in accordance with the City's landscaping requirements. Sources: Field Observations. City of Tustin Community Development Department Discussion of Environmental Evaluation Tentative Tract Map 14022, Design Review 88-70 and Variance 89-19 January 8, 1990 Page 3 Mitigation Measures/Monitoring: None Required. 5. ANIMAL LIFE - The project is an infill residential development in an urban area. It is free from any significant population of animals, fish, or wild life. Sources: Field Observations. Mitigation Measures/Monitoring: None Required. 6. NOISE - A single-family dwelling and an 11 -unit apartment complex are presently located on the site. The development of nine condominium units and one apartment may generate some additional noise in the area. However, the site is flanked by existing commercial and residential areas. Increased residential uses will have few long term adverse noise impacts on the vicinity. Local residents may experience short term impacts related to construction activity. Sources: City of Tustin Community Development Department Field Observations Mitigation Measures1Monitoring: All construction activity will be limited to Monday - Friday, 7:00 a.m. to 6:00 p.m., pursuant to the City's Noise Ordinance, and monitored by the Building Division and/or Police Department. 7. LIGHT AND GLARE - The proposed project will increase lighting on the property and in the area. However, through the design review process, lighting has been specifically reviewed to ensure that: 1) The minimum amount of lighting is provided in accordance with the City's Security Code; and 2) Lighting does not produce direct light rays or glare on adjacent properties. Conditions to this effect have been included in the project approval. Proper installation will be verified prior to final inspections. Sources: City of Tustin Community Development Department Tustin City Code Mitigation Measures/Monitoring: None required. Discussion of Environmental Evaluation Tentative Tract Map 14022, Design Review 88-70 and Variance 89-19 January 81 1990 Page 4 8. LAND USE - The site is located within the Suburban Residential (R-4) District. The General Plan Land Use Designation for the property is Multi -Family Residential (MF). One- and two- family dwellings are in conformance with the General Plan Land Use Designation and permitted within the R-4 zoning district. The maximum allowable number of dwelling units, as permitted by the R-4 zoning district, is consistent with the proposed number of units (nine condominiums, 12 apartments). Sources: Tustin General Plan Land Use Map Tustin Zoning Map and Code Mitigation Measures/Monitoring: None Required. 9. NATURAL RESOURCES - While there will be some use of non- renewable natural resources such as wood, stone and other building materials, as well as energy, the quantities of building materials and energy used in the construction of nine dwelling units will not significantly deplete resources. Therefore, the proposal will not result in any significant longterm use of natural resources. Sources: City of Tustin Community Development Department Mitigation Measures/Monitoring: M e t h o d s o f construction and materials for the condominiums will comply with all applicable code requirements relating to energy efficiency and conservation. 10. RISK' OF UPSET - The proposed project will not result in any increased risk of upset to the property or adjacent properties. Development of the property for residential uses requires compliance with applicable building codes and Fire Department regulations, including the requirement that the units are to be sprinklered which significantly reduces the risk,,,_of fire. The site is not located within any sensitive seismic areas. Sources: Orange County Fire Department City of Tustin Community Development Department City of Tustin Building Division Tustin General Plan Discussion of Environmental Evaluation TentativeTract Map 14022, Design Review 88-70 and Variance 89-19 January 8', 1990 Page 5 Mitigation Measures/Monitoring: None required. 11. POPULATION - The proposed project will result in an area population increase of approximately 22 residents, based on 2.2 persons per dwelling unit. The increase will most likely lY result from relocations within the community. Any actual L: population increase to the City as a result of this project li will be negligible. g g Sources: City of Tustin Community Development Department Mitigation Measures/Monitoring: None Required. 12. HOUSING - The construction of 10 residential units (9 condos, t a , 1 apartment) in n existing urban area will not create a �Y'Ip r, demand for additional housing in the immediate vicinity as this is an infill project and all immediately adjacent ,a to property is presently developed. Source: City of Tustin Community Development Department Mitigation Measures/Monitorincq: None Required. 13. TRANSPORTATION AND CIRCULATION - The proposed project will not have a significant impact on the existing vehicular circulation, street system, parking facilities, or movement of goods and - services. The project density .is approximately 13.2;8 units per acre. Based on that, the guideline for determining vehicular trip generation is 8.6 trips per dwelling per day. Therefore, the proposed ten units will generate approximately 86 trips. Wass Street is an existing two -.lane residential street with a right-of-way which varies from,40 to 60 feet. Estimated capacity of a commuter street of that size is approximately 5,000 trips per day. The Tustin Department of Public Works has notidentified any traffic k' problems in the vicinity. The existing street system is adequate to accommodate this additional housing, g, and all required parking will be provided on the site. The project will require street improvements (curbs, gutters, w' driveways) to upgrade a substandard street section along the 4 project frontage. To meet current City standards and to align i the new improvements with the existing, a ten -foot -wide strip of land across the front of Lot 1 will be dedicated to the I . 111M Discussion of Environmental Evaluation Tentative Tract Map 14022, Design Review 88-70 and Variance 89-19 January 8, 1990 Page 7 with all utilities available to the site from Wass Street. They are adequate to accommodate the proposed residential development. Source: City of Tustin Public Works Department Mitigation Measures/Monitoring: None Required. 17. HUMAN HEALTH - The residential project will not create adverse conditions or result in negative effects to human health. The proposed residential use is compatible with surrounding land uses. Further, the site is located outside the 500 -year flood plain. Sources: City of Tustin Community Development Department Flood Insurance Rate Map City of Tustin Police Department Mitigation Measures/Monitoring: None Required. 18. AESTHETICS - The proposed project will not have a significant negative visual impact on the area. As part of the Design Review process, special care has been taken to ensure architectural compatibility with adjacent commercial and residential uses. Appropriate architectural detailing will be incorporated into all building elevations, minimizing the "back of building" appearance. Sources: City of Tustin Community Development Department Mitigation Measures/Monitoring: None Required. 19. RECREATION - The proposed project will result in an increased need for additional recreational opportunities. Residential projects typically create a larger need for recreational amenities than commercial and industrial projects. However, no recreational amenities are proposed as part of this project. Sources: City of Tustin Community Development Department i� Discussion of Environmental Evaluation Tentative Tract Map 14022, Design Review 88-70 and Variance 89-19 January 8, 1990 Page 8 ' a Mitigation Measures/Monitoring: As previously stated, the applicant will be required to pay parkland dedication fees based upon the number of units and product type prior to the issuance of building permits, in accordance p g with the Tustin City Code and State law. �f 20. CULTURAL RESOURCES - The proposed project will not have any effect on the cultural resources. The General Plan and the Historic Resources Survey do not identify any culturally �ss. significant resources on this property. Sources: City of Tustin Historic Resources Survey Tustin General Plan Mitigation Measures/Monitoring: None Required. 21. MANDATORY FINDINGS OF SIGNIFICANCE - Potential impacts related to erosion and dust control during construction, noise, +' lighting, vehicular traffic, use of public services, and recreation facilities have been identified as a result of this f project; The proposal, as currently designed, conditioned, and mitigated, has reduced these potential impacts to a level j of insignificance and will not result in any adverse environmental impacts. !' Sources: City of Tustin Community Development Department Mitigation Measures/Monitoring: As Previously Noted. 1 2 3 41 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2728 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP 14022. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That Tentative Tract Map 14022 was submitted to the Planning Commission by Richard C. Webber for consideration. B. That a public hearing was duly called, noticed and held for said map on January 8, 1990. C. A Negative Declaration has been prepared for the subject project in conformance with the California Environmental Quality Act. D. That the proposed subdivision is in conformance with the Tustin Area General Plan, Tustin Zoning Code and State Subdivision Map Act. E. That the site is physically suitable for the type of anticipated development. F. That the site is physically suitable for the anticipated density of development. G. That the design of the subdivision or 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. 1 2 3 4 5 6 1 8 9 10 11 12 13 14 15 16 11 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2728 January 8, 1990 Page 2 J. That in lieu of the parkland dedication, fees will be paid to the City of Tustin as determined by the Community Services Department in accordance with Ordinance 921. K. That the applicant will pay school impact fees, as determined by the Tustin Unified School District. II. The Planning Commission hereby recommends to the City Council approval of Tentative Tract Map 14022, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 8th day of January, 1990. Penni Foley Secretary Leslie Anne Pontious Chairman EXHIBIT A TENTATIVE TRACT MAP 14022 RESOLUTION NO. 2728 CONDITIONS OF APPROVAL PUBLICZ PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) (2) (3) (6) 1.1 Prior to recordation of final map, the Subdivider shall prepare plans for and construct or post security guaranteeing construction of all public and/or private, infrastructure improvements within the boundary of said tract map in conformance with applicable City standards, 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. Traffic signal systems and other traffic control devices L. Street lighting M. Storm drains and subdrains (* The storm drain facilities within this tract will be private drains to be maintained) N. Undergrounding of existing and proposed utility distribution lines O. Lot monumentation P. Fire hydrants SOURCE CODE (1) STANDARD CONDITIONS (5) SPECIFIC PLAN (2) CEQA MITIGATION (6) RESPONSIBLE AGENCY REQUIREMENT (3) UNIFORM BUILDING CODES (7) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (8) PC/CC POLICY *** EXCEPTIONS (9) OTHER MUNICIPAL CODE REQUIREMENT 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 =;3r approved by the Building Official. (6) 1.2 All construction within a public right-of-way and/or public easement must be shown on a separate 24" X 3611 plan with all construction referenced to applicable City or County standard drawing numbers. (1) 1.3 All changes in existing curbs, gutters, sidewalks and (6) other public improvements shall be responsibility of Subdivider. (1) 1.4 Preparation of plans for and construction of: A. All sanitary sewer facilities must be submitted as required by the City Engineer and local sewering r, agency. These facilities shall include a gravity flow system per standards of the City of Tustin. B. A domestic water system must be to the standards of the City of Tustin Water Service. Improvement plans ` shall also be reviewed and approved by the Orange County Fire Department for fire protection purposes. i� 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 system shall be to the standards as required by the Irvine Ranch Water District. y !(1) :1.5 Storm drain, water and sewer improvement plans shall (6 )' comply with the "City of Tustin" Minimum Design Standards i(8); for on-site Private Street and Storm Drain Improvements. (8) ':.1. 6 The subject property shall be annexed into the City of Tustin 1982 Landscaping and Lighting District. The applicant shall provide the City with a letter stating t; I' that they will not protest the annexation. M F xhil�lt A esolution No. 2728 anu'ry 8, 1990 age r 6 V` �DEDICATIONSZRESERVATIONS 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 (6 ) 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 responsible agencies. '�*** 2.2 Reciprocal access (vehicular, parking and pedestrian) easements between all lots created by Tentative Tract Map 14022 shall be noted on any final map. 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 '(6) $2,500 cash deposit or letter of credit to guarantee the sweeping of streets and clean-up of streets affected by construction activities. In the event this deposit is r. depleted prior to completion of development or City appearance of public streets, an additional incremental Ii deposit will be required. (1) :13.2 Any damage done to existing street improvements and utilities shall be repaired before acceptance of the 5 tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. �1) ,3.3 Prior to any work in the public right-of-way, an Excavation Permit must be obtained and applicable fees �. paid from the Public Works Department. GRADING/GENERAL 1) A.1 Prior to issuance of grading permits: 2 ) I,6) A. A detailed soil engineering report shall be submitted to and approved by the Building Official 14E conforming to the requirements of the Uniform Building Code, City Grading Requirements, and all other applicable State and local laws, regulations and requirements. "IIj xhibt A esolution No. 2728 anuary 8, 1990 age�$,,4 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 across lot lines. 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 gradient, etc., and may require certification of any grading related matter. `;Exhibit A ,Resol'ution No. 2728 anu`ry 8, 1990 „ gage I,S C. Preparation of a sedimentation and erosion control plan for all construction work related to the subject Tract including a method of control to i¢ I�E prevent dust and windblown earth problems. r I D. Submittal of a construction traffic routing plan to be reviewed and approved by the Director of Public Works. E. Written approval must be obtained from adjacent property owners for rights -of -entry for construction activity across lot lines. F. Note on plans that a qualified paleontologist/archeologist, as appropriate, shall be present during rough grading operations. If resources are found, work shall stop in the affected area and all resources shall be excavated or preserved as deemed appropriate or as recommended by the paleontologist/archeologist subject to review and approval by the Department of Public Works and �I Community Development. All "finds" shall be reported immediately to the Department of Community Development. The paleontologist/archeologist shall -( attend the pregrade construction meeting to ensure i that this condition and necessary procedures in the Ail event of a "find" are explained. ''(1) i4.2 All earthwork shall be performed in accordance with the ' '�(3) City of Tustin Municipal Codes and grading requirements. � IvYIRE DEPARTMENT (1) ..5.1 The subdivider shall comply with all requirements of the Orange County Fire Marshal, including required fire flow, I;F f installation where required of fire hydrants subject to t' approval as to location by the Fire Department, City of Tustin Public Works Department and Irvine Ranch Water District, and compliance with all requirements pertaining "V �� ' Ii i sl to construction. rt d; i .,Exhibit A )Reso ution No. 2728 'January 8, 1990 'Page '6 ilk (1) 4 1„5.2 Prior to issuance of building permits for combustible (2) construction, evidence that adequate water supply and (6)!' operational fire hydrants are available for fire protection shall be submitted and approved by the Orange County Fire Marshal. The subdivider shall also submit water improvements plans for approval of Fire Marshal. (1) 15.3 Prior to issuance of any building permits, a construction (2) phasing plan shall be submitted to and approved by the (6) Fire Chief. The purpose of this review is to evaluate the adequacy of emergency vehicle access for the number of dwelling units served. (1) 5.4 Prior to issuance of any building permits, plans for an (2) automatic fire extinguishing system shall be approved by (6) the Fire Chief. Such systems shall be operational prior to the issuance of a certificate of use and occupancy. 5.5 ,'5.6 'NOISE 6.1 i Prior to the issuance of any Certificates of Use or Occupancy, the private streets shall be red curbed and posted "No Parking -Fire Lane" as per 1985 Uniform Fire Code Section 10.207 in a manner meeting the approval of the Fire Chief. All buildings shall be of one hour fire resistant construction. Prior to the issuance of any building permits: 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. F Exhibit A 1' Resolution No. 2728 January 8, 1990 Page ' l All residential lots and dwellings shall be sound attenuated against present and projected noises, t 4 which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard f, 65 dBa CNEL in outdoor lighting areas and an 'y interior standard of 45 dBa CNEL in all habitable rooms is required. Evidence prepared under the supervision of an acoustical Consultant that these w,r standards will be satisfied in a manner consistent with applicable zoning regulations shall be provided. rr, (1) 6.2 Prior to issuance of any Certificates of Use or (3) occupancy, field testing in accordance with the Title 25 regulations may be required by the Building Official to verify compliance with STC and IIC design standards. (1) 6.3 (9) (1) (3) (8) (9) 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. CCRIS 'i 7.1 �I Prior to approval of the final map, all organizational documents for the project including any deed restrictions, covenants, conditions, and restrictions shall be Submitted to and approved 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. CCR's shall include but not be limited to the following provisions: Exhibit A Resolution No. 2728 January 8, 1990 Page 8 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 CCR's for enforcement purposes of those CC&R provision:s in which the City has interest, as reflected by the following B through Q. However, the City shall not be obligated to enforce the CCR'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, recreation areas, walls and fences, driveways, reciprocal access (vehicular, parking and pedestrian) easements between all lots created and emergency access easement on the subject lot. 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 CCR's. Examples of maintenance standards are shown below: (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 Exhibit A Resolution January 8, Page 9 No. 2728 1990 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, and sidewalks 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 the boundaries of the subdivision and Homeowner's Association, to surrounding property, or to property 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 CCR' 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 any parking, driveway or private street area except for purpose of loading, unloading, making deliveries or emergency repairs except that the Homeowner's Exhibit A Resolution No. 2728 January 8, 1990 Page 10 Association may adopt rules and regulations to authorize exceptions. I. Parking spaces shall be permanently and irrevocably assigned to individual condominium units at rates of two spaces per unit. All assigned spaces shall be covered (garage). J. Condominium units shall not have separate external television and radio antennas. Either a central antennae shall be provided with connections to each unit via underground or internal wall wiring, or each unit shall be prewired and served by an underground cable antenna service provided by a company licensed to provide such service within the City. K. All utility services serving the site shall be installed and maintained underground. L. 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 lst 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. M. Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. B. The Subdivider shall submit for review and approval of content by the Director of Community Development, a copy of rental/sales literature for the residential project with a schools notification statement, printed on it. Any changes to the rental/sales literature after initial City approval shall be submitted to the Director of Community Development for approval. F D 1% A. A document separate from the deed which will be an information notice 'EXI kbit A ?Re blution No. 2728 Ja d, ary 81 1990 r' ; Pace 11 may be necessary Y Y for noise attenuation. This ¢ f made as architectural drawings p„ N. Perimeter project block walls/fences to be. �� ;I 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 ks i or fence. O. No amendment to alter, modify, terminate or change the Homeowner I's Association's obligation to maintain , the common areas and the project perimeter wall or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, A. terminate or change the City's right to enforce I; A maintenance of the common areas and maintenance of , r the project perimeter wall, shall be effective ` without the prior written approval of the City of Tustin Community Development Department. TENANT HOMEBUYER NOTIFICATION v (2YL 8.1 ,D Prior to issuance of Certificate of Occupancy: B. The Subdivider shall submit for review and approval of content by the Director of Community Development, a copy of rental/sales literature for the residential project with a schools notification statement, printed on it. Any changes to the rental/sales literature after initial City approval shall be submitted to the Director of Community Development for approval. F A. A document separate from the deed which will be an information notice to future tenants of aircraft noise impacting the subdivision. The notice shall ' further indicate that additional building upgrades FI, may be necessary Y Y for noise attenuation. This ¢ determination to be made as architectural drawings become available and/or where field testing �� determines inadequate noise insulation B. The Subdivider shall submit for review and approval of content by the Director of Community Development, a copy of rental/sales literature for the residential project with a schools notification statement, printed on it. Any changes to the rental/sales literature after initial City approval shall be submitted to the Director of Community Development for approval. F 8.2 FEES C. The Subdivider shall provide the City with a copy of the approve aircraft/helicopter noise statement which shall contain a disclosure document on aircraft notification. Said document must be signed by each tenant prior to occupancy of any unit. The content of the statement shall be approved by the Director of Community Development prior to circulation. D. The developer shall provide the City with a schools notification statement which shall be reviewed and approved by the Director of Community Development and participation by the governing school district which shall indicate: (1) The location of existing elementary, middle and high schools which will serve the subdivision (text and map). E. The Subdivider shall provide the City with a statement which must be signed by each tenant/homebuyer which shall contain a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development. 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. 9.1 Prior to recordation of any final map, Subdivider shall 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. I lit I` F ' p Exhibit A r, Resolution No. 2728` January 8, 1990 Pa4e 13 d 9.2 Prior to issuance of any building permits, payment shall. 3 be made of all required fees including: :f (6 } , (9) A. Major thoroughfare and bridge fees to Tustin Public Works Department. C, B. Sanitary sewer connection fee to Orange County a, Sanitation District. tri C. Grading plan checks and permit fees to the Community Development Department. D. All applicable Building plan check and permit fees to the Community Development Department. E. New development fees to the Community Development Department. F. School facilities fee to the Tustin Unified School J'p District subject to any agreement reached and executed between the District and the developer/landowner. ,.� ,f GENERAL 10.1 Within 24 months from tentative map approval, the Subdivider shall f ile 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)1 `- 10.2 Prior to occupancy of units, the Subdivider shall record a final map in conformance with appropriate tentative map. 10.3 Prior to final map approval. A. Subdivider shall submit a current title report. v.' B. Subdivider shall submit a duplicate mylar of the M 8 1 2 h b 11 h t f ,ina ap, or / inc y inc ransparency o { each map sheet prior to final map approval and "as built" grading, landscape and improvement plans IJ (� prior to certificate of acceptance. ,� rt �.; 1 ', Exhibit A Resolution No. 2728 January 8, 1990 T! Page 14 (1) 10.4 Subdivider shall conform to all applicable requirements of the State Subdivision Map Act and the City's Subdivision Ordinance and applicable conditions for Final Map 12870', as amended. 10.5 Prior to release of building permits all conditions of approval of Design Review 88-70 and Variance 89-19 of the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 2729 and incorporated herein by reference. PR:kbc i. i i is I I STATE OF CALIFORNIA ) ., COUNTY OF ORANGE ) CITY OF TUSTIN ) l I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commissn of the City of Tustin California; that Resolution No. la'� was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the ;''�� day of 1990. PENNI FOLEY Recording Secretary 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. 2729 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, CONDITIONALLY APPROVING DESIGN REVIEW 88-70 FOR THE CONSTRUCTION OF NINE CONDOMINIUM AND ONE APARTMENT UNITS AND VARIANCE 89-19 TO ALLOW A TWO -UNIT STRUCTURE TO ENCROACH A MAXIMUM 16 FEET INTO THE 25 -FOOT REQUIRED REAR SETBACK AND A TWO -CAR GARAGE TO ENCROACH THREE FEET INTO THE 3 -FOOT REQUIRED SETBACK. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That proper applications requesting approval of Design Review 88-70, for the construction of nine condominium units and one apartment unit (total 12 apartments on site), and Variance 89-19, to allow a two -unit condominium structure to encroach a maximum of 16 feet into the required rear setback and a two -car garage to encroach three feet into the required 3 -foot setback, were filed by Richard C. Webber. B. That a public hearing was duly called, noticed and held on said application on January 8, 1990. C. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the .following items: 1. Height, bulk and area of building 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. 2729 January 8, 1990 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. Physical relationship of proposed structures to existing structures in the neighborhood. 11. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 12. Development Guidelines and criteria as adopted by the City Council. D. That a variance from two sections of the Tustin Zoning Code, Section 9228 c(5), relating to rear setbacks, and Section 9271 n(5), relating to the setback of accessory structures, is warranted as demonstrated in the following findings: 1. There are unusual or exceptional circumstances applicable to the property which do not apply to other properties within the suburban residential district. Lot 1 is a narrow rectangle, nearly three times as deep as it is wide. However, it has sufficient land area to allow the construction of 10 units. To achieve maximum density, the applicant originally proposed two linear buildings with the five units in each lined up in a row, flanking a central access drive. Open space was provided by the required 25 - foot front and rear yard setbacks, with 1 2 M 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. 2729 January 8, 1990 Page 3 2. 3. the units clustered together in the center of the lot. The applicant has subsequently revised the site plan. In the current proposal or Lot 1, units appear to be duplexes rather than row houses. open space is evenly distributed over the entire lot instead of concentrated at each end of the development. The proposed garage will align with one relocated and three existing garages on Lot 2. It seems reasonable to allow the new garage to be sited similarly to the existing to allow the existing traffic pattern will be retained. Further, providing the required 3 -foot setback may create a narrow strip between the rear wall of the garage and the perimeter wall, where loitering may occur or trash may collect. While the configuration of the lot does not preclude a conforming structure, the adverse impacts of strictly adhering to code requirements warrant support of the request. Granting the variance will not convey a privilege to the property owner which is not enjoyed by other property owners in the same district. There are only four properties zoned R-4 in the vicinity. They are located southeast of the site and fully developed with single-family dwellings. The configuration of those lots does not restrict conforming development. Granting the variance will not be detrimental to adjacent and surrounding properties. The parcel to the rear of the site is zoned Retail Commercial District (C-1) and developed with a bowling alley. It is constructed on the property line, without any yard setback. No window or door openings face the site. The proposed condominium units with a 1 2 3 4 5 6 7 8 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2729 January 8, 1990 Page 4 nine -foot rear yard setback will have little impact on the neighboring use or structure. The proposed garage abuts the parking and trash areas of the commercial building (bowling alley). The proposed zero -foot garage setback will match the existing detached garage setbacks on the site. 4. The granting of the variance will not be contrary to the City's General Plan by providing orderly development. II. The Planning Commission hereby conditionally approves Design Review 88-70 and Variance 89-19, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 8th day of January, 1990. PENNI FOLEY, Secretary LESLIE ANNE PONTIOUS, Chairman EXHIBIT A DESIGN REVIEW 88-70 AND VARIANCE 89-19 CONDITIONS OF APPROVAL RESOLUTION NO. 2729 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 28, 1989 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. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with the Tustin Zoning Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Design review and variance approval shall become null and void unless all building permits are issued 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 permits. PLAN SUBMITTAL 2.1 At building plan check the following shall be submitted: (3) A. Construction plans, structural calculations, and Title 24 energy calculations. Requirements of the Uniform Building Codes, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. --------------------------------------------------------------- SOURCE CODES (1) STANDARD CONDITION (5) SPECIFIC PLAN (2) CEQA MITIGATION (6) RESPONSIBLE AGENCY REQUIREMENT (3) UNIFORM BUILDING CODE/S (7) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (8) PC/CC POLICY *** EXCEPTION , f hir. t A sol1,"tion i nu�� 8 ge , R�r, LI lk is ; + t1: +�a 3iai No. 2729 1990 B. Preliminary technical detail and plans for all utility installations including cable TV, telephone, gas, water and electricity, show locations of all connections on plans. All utilities shall be underground, cable TV conduit and wiring shall be internal, no exterior wiring shall be permitted. 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. C. Final grading and specifications consistent with the site plan and landscaping plans and prepared by a registered civil engineer for approval of the Community Development Department. Subject grading submittal shall comply with all requirements of Condition 4.1, contained in Exhibit A of Planning Commission Resolution No. 2728. D. Information, plans and/or specifications to ensure satisfaction of Conditions 1.1, 1.2, 1.31 1.41 1.5 and 1.6 of Exhibit A of Planning Commission Resolution No. 2728. E. Information to ensure compliance with Conditions 5.11 5.21 5.31 5.4,r 5.5 and 5.6 of Exhibit A of Planning Commission Resolution No. 2728. F. A detailed acoustical noise study prepared by a qualified acoustical expert shall be subject to review and approval by the Community Development Department to insure that interior noise levels do not exceed a maximum of 45 dBa' s . The report and any subsequent field inspection shall comply with Condition 6.1 and 6.2 of Exhibit A of Planning Commission Resolution No. 2728. G. Each condominium unit shall be provided with separate electric and gas meters when such service is supplied. H. Each condominium unit shall be equipped with separate water meters or a separate water shutoff. y I4M' � } Gf1 t AI Ii�f(i 0 F' a, yy„ h l No. 2729 1990 B. Preliminary technical detail and plans for all utility installations including cable TV, telephone, gas, water and electricity, show locations of all connections on plans. All utilities shall be underground, cable TV conduit and wiring shall be internal, no exterior wiring shall be permitted. 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. C. Final grading and specifications consistent with the site plan and landscaping plans and prepared by a registered civil engineer for approval of the Community Development Department. Subject grading submittal shall comply with all requirements of Condition 4.1, contained in Exhibit A of Planning Commission Resolution No. 2728. D. Information, plans and/or specifications to ensure satisfaction of Conditions 1.1, 1.2, 1.31 1.41 1.5 and 1.6 of Exhibit A of Planning Commission Resolution No. 2728. E. Information to ensure compliance with Conditions 5.11 5.21 5.31 5.4,r 5.5 and 5.6 of Exhibit A of Planning Commission Resolution No. 2728. F. A detailed acoustical noise study prepared by a qualified acoustical expert shall be subject to review and approval by the Community Development Department to insure that interior noise levels do not exceed a maximum of 45 dBa' s . The report and any subsequent field inspection shall comply with Condition 6.1 and 6.2 of Exhibit A of Planning Commission Resolution No. 2728. G. Each condominium unit shall be provided with separate electric and gas meters when such service is supplied. H. Each condominium unit shall be equipped with separate water meters or a separate water shutoff. ,r r chib't A ill�soi tion nuaty 8, sge '3 ! j� L) 2' 2 No. 2729 1990 I. Information to ensure compliance with Conditions 4.1. and 4.2 of Planning Commission Resolution No. 2728. Provide a complete development/ construction phasing plan, including timing of construction of units and street improvements, and ensuring adequate access to and around the site. Indicate the location of any anticipated model units. SITE AND BUILDING CONDITIONS 3.1 Where they occur, guest parking spaces shall be readily visible. Such spaces shall also be labeled as "Guest Parking" spaces (provide details for such marking and labeling). �) 3.2 Modify building elevations and proposed exterior materials as follows: A. Gas and electric meters, water heater compartments, shall be integrated into main building design. B. Show all downspouts and gutters. C. The rear (northeast) elevation of Building 1 must be revised to include more architectural detailing, such as windows and changes of plane, to minimize the "back of the building" appearance. The revised elevations shall be submitted to the Director of Community Development for review and approval. D. For the condominiums, provide a roof tile mix that incorporates 80% dark tiles and 20% light tiles. All exterior colors to be used shall be subject to review and approval of the Director of the Community Development Department. All exterior treatments shall 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. 0 EO jI I , t f` t ttf t dl q ' �R, hibit A ,} solution nuary 8, I' Q. $Age i'. 4) , i3' 4 I I A !� 3.5 (1) (4) 3.6 { tit �;�f a y � �'• 't �.).7 No. 2729 1990 The proposed material color samples must be revised. Beige -tone walls with dark, contrasting trim is recommended. The revised colors shall be submitted to the Director of Community Development for review and approval. Prior to issuance of a Certificate of occupancy, the applied paint color will also be inspected and approved by the Community Development Department. Note on final plans that a six foot high chain linked fence shall be installed around the site prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be considered as an element of the overall design of the project and shall blend with the architectural design of buildings. All telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. Electrical transformers shall be located toward the interior of the project maintaining a sufficient distance from frontage of the project. Submit detail for all on-site walls to be constructed by developer including any screening walls within the project. Show type of wall cap and type of color, exterior materials on walls and decorative treatment of all exposed walls. Walls and fences which do not also serve as perimeter walls for project shall be consistent with main building treatments. Submit mailbox architectural details indicating color and exterior treatment (number of coats of paint, wear and durability features) for review and approval of Director of Community Development. Designs shall be compatible with main buildings. For the condominiums, automatic garage door openers shall be provided on all garages, note such on floor plans. rY a1 J.t I tj 3.8 a a� I 1 i IP iia^I r ,�gFFyy�f ilfliiy�y', j 3 : 9 i No. 2729 1990 The proposed material color samples must be revised. Beige -tone walls with dark, contrasting trim is recommended. The revised colors shall be submitted to the Director of Community Development for review and approval. Prior to issuance of a Certificate of occupancy, the applied paint color will also be inspected and approved by the Community Development Department. Note on final plans that a six foot high chain linked fence shall be installed around the site prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be considered as an element of the overall design of the project and shall blend with the architectural design of buildings. All telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. Electrical transformers shall be located toward the interior of the project maintaining a sufficient distance from frontage of the project. Submit detail for all on-site walls to be constructed by developer including any screening walls within the project. Show type of wall cap and type of color, exterior materials on walls and decorative treatment of all exposed walls. Walls and fences which do not also serve as perimeter walls for project shall be consistent with main building treatments. Submit mailbox architectural details indicating color and exterior treatment (number of coats of paint, wear and durability features) for review and approval of Director of Community Development. Designs shall be compatible with main buildings. For the condominiums, automatic garage door openers shall be provided on all garages, note such on floor plans. E S AND HARDSCAPE ELE Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas 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 plant table shall 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 adequacy of coverage of landscaping and irrigation materials is subject to field inspection at project completion by the Department of Community Development. The submitted landscaping plans at plan check shall reflect the following requirements: A. Turf is unacceptable for grades over 25%. A combination of planting materials must be used, ground cover on large areas along is not acceptable. B. Provide a minimum of one 15 gallon size tree for every 30 feet of property line on the property perimeter and five 5 gallon shrubs. C. Provide one 15 gallon tree for each five parking spaces within an open parking area. D. Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum of 5 feet on center when intended as screen planting. E. Ground cover shall be planted between 8 to 12 inches on center. 1 IJIi i E! a `Exhibit A , i� ;Resolution No. 2729 January 8, 1990 , Page ' 6 IyM'i ' 11i !{ F. When 1 gallon plant sizes are used the spacing may �r vary according to materials used. G. Up along fences and/or walls and equipment areas, provide landscaping screening with shrubs and/or vines and trees on plan check drawings. H. All plant materials shall be installed in a healthy '' vigorous condition typical to the species and landscaping must be maintained in a neat and healthy condition; this will include but not be limited to trimming mowing, weeding, removal of litter, fertilizing, regular watering, or replacement of diseased or dead plants. I. Buffer driveway and parking areas with landscaping berms when possible. J. Earth mounding is essential and must be provided to applicable heights whenever it is possible in conjunction with the submitted landscaping plan. Earth mounding should be particularly provided along ����►''� F Champion Way. ,I F, ,I,n K. Thickly planted landscaping shall be installed along d G, the edge of the project. Use natural landscaping and other architectural detailing and use of materials to border structured parking areas and soften their visual appearance. • L. Major points of entry to the project courtyards and pedestrian internal circulation routes shall receive specimen size trees to create an identification it theme d ' •',` ,,: M. Landscape adjacent to the right-of-way shall be coordinated with parkway landscaping. Perimeter walls should be treated with vines in order to ��► • relieve large expanses of walls with adding greenery .{ and color. Vines should be informally grouped with training devices installed. N. Mail box locations shall be treated as social nodes and shall include a bench and trash can with '. ,' appropriate landscape and hardscape. All amenities , Exhibit A Resolution.No. 2729 January 8, 1990 Page 7 shall be consistent and compatible with project architecture. (1) 4.3 Screening adjacent to roadways, whenever possible, shall (7) compliment the architecture, color and construction (4) material of primary buildings on the site. (1) 4.4 Provide details, colors, and materials for decorative (7). paving materials at project entrance. (4) 4.5 Indicate lighting scheme for project, note locations of all exterior lights and types of fixtures, lights to be installed on buildings shall be a decorative design. No lights shall be permitted which may create any glare or have a negative impact on adjoining properties. The location and types of lighting shall be subject to the approval of the Director of Community Development. Street light fixtures shall be decorative and resemble site lighting fixtures. FEES (1) 5.1 Payment of all fees required in Condition 9.4 of Exhibit (6) A of Planning Commission Resolution No. 2728. PR:kbc STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording 'Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. c-27D� was duly passed and adopted at a regular meet' ng of the Tustin Planning Commission, held on the �' ' day of 199ZD. PE I FOLEY Recording Secretary 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. 90-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CERTIFYING THE NEGATIVE DECLARATION AS ADEQUATE FOR TENTATIVE TRACT MAP 14022, INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. Tentative Tract Map 14022 is considered a "project" pursuant to the terms of the California Environmental Quality Act. B. A Negative Declaration has been prepared for this project and has been distributed for public review. C. Whereby, the City Council of the City of Tustin has considered evidence presented by the Community Development Director and other interested parties with respect to the subject Negative Declaration. D. The City Council has evaluated the proposed final Negative Declaration and determined it to be adequate and complete. II. A Negative Declaration has been completed in compliance with CEQA and State guidelines. The City Council, having approval authority over Tentative Tract Map 14022 and the Planning Commission having recommended authority over the project have reviewed and considered the information contained in the Negative Declaration prior to approving the proposed project and finds that it adequately discusses the environmental effects of the proposed project. On the basis of the initial study and comments received during the public review process, the City Council finds that there is no substantial evidence that there will be any significant adverse environmental effects as a result of the approval of the project. Measures identified in the Negative Declaration which mitigate any potential significant environmental 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1811 19 20 21 22 23 24 25 26 27 28 Resolution No. 90-9 February 5, 1990 Page 2 effects to a point where clearly no significant effects will occur have been incorporated into the project, and are identified as conditions of approval on Exhibit A of Planning Commission Resolution No. 2728 recommending approval of Tentative Tract Map 14022 and Exhibit A of Planning Commission Resolution No. 2729 approving Design Review 88-70 and Variance 89-19. PASSED AND ADOPTED at a regular meeting of the City Council held on the 5th day of February, 1990. MARY WYNN City Clerk RICHARD B. EDGAR Mayor I 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. 90-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING TENTATIVE TRACT MAP 14022. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows:- A. That Tentative Tract Map 14022 was submitted to the City Council by Richard C. Webber for consideration. B. That a public hearing was duly called, noticed and held by the Planning Commission for said map on January 8, 1990. C. A Negative Declaration has been prepared for the subject project in conformance with the California Environmental Quality Act. D. That the proposed subdivision is in conformance with the Tustin Area General Plan, Tustin Zoning Code and State Subdivision Map Act. E. That the site is physically suitable for the type of anticipated development. F. That the site is physically suitable for the anticipated density of development. G. That the design of the subdivision or 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. 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. 90-10 February 5, 1990 Page 2 J. That in lieu of the parkland dedication, fees will be paid to the City of Tustin as determined by the Community Services Department in accordance with Ordinance 921. K. That the applicant will pay school impact fees, as determined by the Tustin Unified School District. II. The City Council hereby approves Tentative Tract Map 14022, subject to the conditions contained in Exhibit A, of Planning Commission Resolution No. 2728 incorporated herein by reference. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 5th day of February, 1990. MARY WYNN City Clerk RICHARD B. EDGAR Mayor