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HomeMy WebLinkAboutPC RES 3753 RESOLUTION NO. 3753 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING ADMINISTRATIVE ADJUSTMENT 00-002 AND DESIGN REVIE'VV 00-031 FOR CONSTRUCTION OF 51 RESIDENTIAL UNITS OF ESTATE DENSITY SINGLE-FAMILY DETACHED ON FIFTY ONE (51) NUMBERED LOTS (LOT 17 THROUGH 65, AND 72 AND 73 AND LETTERED LOTS J, K, L, M, N, 4 O, CC, EE AND PORTIONS OF A) ON A SITE PREVIOUSLY 5 APPROVED WITH TENTATIVE TRACT 14396, PHASE II OF TUSTIN RANCH ESTATE DEVELOPMENT NORTH OF PIONEER ROAD SOUTH OF PETERS CANYON REGIONAL PARK AND PETERS CANYON ROAD (LOTS 12 AND 25 OF TRACT 13627) AND AN ? INCREASE IN HEIGHT OF PILASTERS AT THE SECONDARY s ENTRANCE TO A MAXIMUM HEIGHT OF NINE (9) FEET. 9 The Planning Commission of the City of Tustin does hereby resolve as follows: 10 I. The Planning Commission finds and determines as follows: 11 A. That proper applications for Administrative Adjustment 00-002 and Design Review 00-031 were filed by Standard Pacific Homes requesting approval of 51 lettered lots (numbered 17 through 65, 72 and 73 and lettered Lots J, K, L, M, N, O, CC, EE and portions of A) for development of Estate (El density single-family detached units on 78 15 acres, Phase II of Tustin Ranch Estate Development previously approved as Tentative Tract Map 14396 north of Pioneer Road south of Peters Canyon Regional Park and Peters Canyon Road) and increase in height of pilasters at the secondary entrance to a maximum of nine (9) feet; B. That a public headng was duly called, noticed and held on Said 20 applications on October 9, 2000 by the Planning Commission; 2~ C. That ResOlution No. 3752 approving a tiered Initial Study and a Negative 22 Declaration for the project in conformance with the requirements of the California Environmental Quality Act; 23 24 D. That in accordance with Section 3.5.1 of the East Tustin Specific Plan, walls and fences dividing common property lines not adjacent to a 25 public right-of-way may be constructed of any materials acceptable to the Planning Commission. 27 E. An increase of twenty percent (20%) in the permitted height of a fence or wall (7'-6"' maximum) requires approval of an Administrative A~ustment that may be granted by the Community Development Director. Resolution 3753 Page 2 F. That the proposed height and materials are compatible with the size, mass and area of the main entrance to the project and the neighborhood. G. The proposed project is consistent with the policies of the General Plan land use designation Planned Community Residential which provides for policies and guidelines for planned residential development. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. H. 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 developmentof the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Height, bulk and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors and other openings. 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Location, heightand standards of exterior illumination. 8. Landscaping, parking area design and traffic circulation. 9. Location and appearance of equipment located outside of an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of Foposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signage~ 14. Development Guidelines and criteria as adopted by the City Council. I. Tentative Tract Map 14396 and Hillside Review for the subdivision and site development of the project was approved by the Planning Commission on August 17, 1997. Resolution 3753 Page 3 J. All conditions of approval for Tract Map 14396 will remain in effect. K. Consistent with the conditions of approval for Tract Map 14396, the City has reevaluated possible traffic hazard and that adequate sight distance requirements, roadway designs, and reduced design speeds 4 will be considered in conjunction with evaluation of the private roadway improvement plans for Phase II. Additional traffic control devices may 5 be required as determined by the applioant's licensed traffic engineer and subject to final approval of the Public Works Department. ? L. The Planning Commission finds that open access at secondary accesses should be preserved and maintained in accordance with s Condition 8.1.F.2 of Resolution No. 3539. Installation of locking devices to limit pedestrian access would require comprehensive analysis of pedestrian circulation of the areas affected by this change and an amendment to the conditions of approval of Resolution 3539 for Tract Map 14396 or the East Tustin Specific Plan would be required in accordance. 12 ~3 II. The Planning Commission hereby approves Design Review 00-031 authorizing construction of a 51 lots (numbered 17 through 65, 72 and 73 ~4 and lettered Lots J, K, L, M, N, O, CC, EE and portions of A) for ~5 development of Estate (E) density single-family detached units on 78 acres, Phase two of Tustin Ranch Estate Development previously approved as ~6 Tentative Tract Map 14396 north of Pioneer Road south of Peters Canyon Regional Park and Peters Canyon Road and an increase in the allowable 17 height of seven feet six inches (7'-6") to nine (9) feet for pilasters at the ~s secondary entrance; subject to conditions contained in Exhibit A attached hereto. 20 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 9th day of October, 2000. 2] 23 ,~T~Eiz~EN V. KOZAK 24 ~~ ,,~-~ Chairperson ELIZABETHA. BINSACK 26 Planning Commission Secretary 27 28 Resolution 3753 Page 4 ~ STATE OF CALIFORNIA) 2 COUNTY OF ORANGE ) CITY OF TUSTIN ) 3 4 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that 5 Resolution No. 3753 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of October, 2000. 6 s ELIZABETH A. BINSACK Planning Commission Secretary ]0 ]] 12 ~3 ],4 ]5 17 18 20 2] 22 23 24 25 26 27 23 EXHIBIT A -CONDITIONS OF APPROVAL ADMINISTRATIVE ADJUSTMENT 00-002 AND DESIGN REVIEW 00-031 OCTOBER 9, 2000 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped October 9, 2000, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within eighteen (18) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Administrative Adjustment 00-002 and Design Review 00-031 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 harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. (1) 1.6 All conditions of approval of Tract 14396 are incorporated by reference and shall continue to apply unless herein modified. (~`) 1.7 Prior to issuance of Certificate of Occupancies, Final Map 14396 shall be recorded to satisfaction of requirements of Community Development and Public Works Departments. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLEAGENCYREQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *'`* EXCEPTION Exhibit A Resolution 3753 Page 2 (1) 1.8 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (1) 1.9 The applicant shall be responsible and agrees to pay for costs associated with any necessary code enforcement action. PLANNING (*) 2.1 All lot configurations and structures shall meet the Estate (E) residential density development standards as set forth in Section 3.6.3 (A2) of East Tustin Specific Plan (ETSP). (7) 2.2 Open pedestrian access at the secondary entrance from Peters Canyon Road to the site shall be provided at all times. No locking devices may be installed on pedestrian gates unless an amendment to this Resolution or the East Tustin Specific Plan is approved. The applicant would be required to comply with any such amendment to the Plan. (4) 2.3 Public information signs (trespassing, security, etc.) installed on fencing or other structure visible from public rights-of-way shall be designed with size, color and materials that complement the design features of the development and neighborhood subject to review and approval of the Community Development Department. (4) 2.4 Temporary perimeter chain link or barbed wire fencing shall be removed by the applicant upon completion of the project. Masonry block walls and wrought iron fencing for the project shall be installed in accordance with the submitted site plan. Any modifications of installation of perimeter and interior fencing over three (3) feet in height requires approval of the Community Development Department and obtaining a building permit. (~) 2.5 The applicant shall disclose to the homebuyers that Plan 2 with a Maid Quarter Option would require recordation of a deed restriction to ensure that no portions of the detached portion of the residence would be used as a second unit. The applicant shall record all deed restrictions prior to recordation of the Final Map. (6) 2.6 Prior to issuance of building permits, a detailed landscaping plan shall be submitted for review and approval which demonstrates enhanced "natural landscaping areas" with additional trees and shrubs to minimize the weedy appearance of natural vegetation in the areas visible from Peters Canyon Road and Pioneer Road and residential areas within the County Exhibit A Resolution 3753 Page 3 of Orange. In addition, revegetation of landscaping materials shall be provided on graded and cut/fill areas where structures or improvements are not considered, with consideration given to the use of drought tolerant plan materials. (4) 2.7 On-site guest parking shall be provided on each private lot at a rate of two spaces per unit. If guest parking is not provided on a private lot, the required number of guest parking spaces shall be located on a private street within a reasonable distance to the unit served. The location of these spaces shall be shown on the street improvement plans and subject to review and approval of Community Development Department. (1) 2.8 The applicant shall close and convert the model homes to occupancy within 90 days from the last home sale (deed recordation) of the same style home. USE RESTRICTIONS (*) 3.1 Prior to the issuance of any building permits, the applicant shall record a "Declaration of Parking Restrictions" to prohibit on-street parking on roads designed twenty eight (28) feet wide without parking bays and require future property owners on lots 17 through 65 to permanently maintain required covered parking spaces and on-site guest parking spaces. The applicant shall submit a draft form for review and approval by the City Attorney and Community Development Department prior to recordation. (1) 3.2 Prior to the issuance of any building permits, the applicant shall record a "Declaration of Use Restrictions" for Plan 2 models (Lots 21, 27, 29, 31, 38, 41, 46, 52, 53, 61 and 64) to prevent the detached portion of the home from being used as a second unit. The applicant shall submit a deed restriction for review and approval by the City Attorney and Community Development prior to recordation. (*) 3.3 The Administrative Adjustmentauthorizes atwenty percent (20%) increase in the overall height of the pilasters. The applicant shall reduce the height of pilasters at the gate to nine (9) feet maximum in height. BUILDING (3) 4.1 All new glass doors and windows, in or adjacent to doors, shall be tempered per UBC Section 2406.4. (1) 4.2 The applicant shall comply with the following conditions pertaining to the requirementfor a Water Quality Management Plan: Exhibit A Resolution 3753 Page 4 A. Prior to issuance of building permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on site to control predictable pollutant run-off. This WQMP shall identify the: structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. B. Prior to issuance of grading or demolition permits, the applicant shall obtain coverage under the NPDES Statewide Industrial Stormwater Permit for General Construction Activities from the State Water Resources Control Board. Evidence that this has been obtained shall be submitted to the Building Official of the City of Tustin. (1) 4.3 Prior to the issuance of building permits, submit a complete landscaping plan and/or erosion control plan to comply with SWPPP. Any modifications to the approved landscaping plan and/or erosion control plans require a revised plan to be submitted to the Community Development Department for review and approval. Landscaping plan and or erosion control plans are required to comply with all State and Federal requirements in addition to the City's Condition of Approvals. (1) 4.4 Specifications at Building Permit plan check submittal shall reflect materials call-outs on all elevations with applicable details and notes added to comply with all applicable building codes and city ordinances. (1) 4.5 A note shall be provided on final plans that a six (6) foot-high chain linked fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 4.6 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, the street number shall be displayed in a prominent location on the street side of the residence. The numerals shall be no less than four (4) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness (six inches in height for commercial). Exhibit A Resolution 3753 Page 5 (1) 4.7 The applicant/construction project shall comply with all City policies regarding short term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. In addition, noise generated from construction activity shall comply with Tustin City Code, Noise Control, Chapter 6. Construction activity dust generation shall be reduced through regularwatering as required by SCAQMD Rule 403. (1) 4.8 Submit 24" x 36" street improvement plans showing all construction, which pertain to on-site/private streets. These plans must be prepared by a California Registered Civil Engineer and submitted to the Community Development Department for review and approval. (1) 4.9 Indicate on the title sheet the applicable codes, City, state and federal laws and regulationsto include: • 1997 Uniform Building Code (UBC) with California Amendments • 1997 Uniform Mechanical (UMC) and Uniform Plumbing (UPC) Codes with California Amendments • 1996 National Electrical Code with California Amendments (1) 4.10 Submit seven (7) sets of building plans to the Building Division for review and approval prior to the issuance of a building permit. (1) 4.11 The engineer of record must submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. (1) 4.12 The engineer of record must submit a letter of pad certification to the Building Division for review and approval prior to the issuance of a building permit. (1) 4.13 Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on-site private Improvement Standards. (1) 4.14 All pavement "R" values shall be reviewed and approved by the Community Development Department in accordance with Construction Standards for Private Streets, Storm Drain and On-Site Private Improvements. (1) 4.15 A surety/cash bond will be required to assure work is completed in accordance with approved plans. Bonds will be based upon the estimated cost of the grading, drainage, and erosion control prior to the issuance of a grading permit. Exhibit A Resolution 3753 Page 6 (3) 4.16 Prior to issuance of a building permit, the applicant shall submit plans demonstrating compliance with the Energy Conservation Standards set forth in Title 24 of the California Administrative Code. Energy conservation techniques shall be considered, and insulation of walls, ceiling and floors be required, and that energy efficient lighting shall be used. PUBLIC WORKS DEPARTMENT (1) 5.1 The applicant shall install traffic control mitigation devices and or signs as may be required by City's Traffic Engineer and in conformance with conditions of approval for Tract Map 14396 prior to approval of the private improvement plans. (1) 5.2 Based upon Condition of Approval 3.3 of Resolution No. 3539, approving Tentative Tract Map No. 14396 by the City of Tustin Planning Commission, on August 11, 1997, the City is currently designing the noted traffic signal. The signal will be constructed this fiscal year, and therefore, the applicant's share of costs of this signal, $75,000.00, will be required to be paid in the form of a cash deposit prior to issuance of building permits. (1) 5.3 The applicant's licensed traffic engineer shall review the roadway infrastructure plans at intersections and locations where there are sight distance concerns and where the design speed is less than 25 MPH, and provide traffic control mitigation measures. (1) 5.4 All horizontal and vertical intersection sight lines shall be provided with the per OCEMA Standard 1117 for all affected streets, since landscaping proposed along the parkway of all streets and the proposed on-street parking along a portion of "A" Street may significantly reduce the available sight distance for vehicles traveling along these streets. In addition, show the sight lines for the driveways which may be restricted due to adjacent on-street parking or the configuration or vertical alignment of the roadway. (1) 5.6 For the Secondary Project Entry the truck turning movements of a standard delivery truck, vehicle storage length, minimum lane widths and turnaround dimensions shall comply with OCEMA Standard Plan No. 1107 for this proposed gated entry. (*) 5.7 All conditions of approval for Tentative Tract Map 14396, except as set forth with this resolution are applicable. Exhibit A Resolution 3753 Page 7 ORANGE COUNTY FIRE AUTHORITY (5) 6.1 FP1 Fire Hydrants A) Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of a building permit. B) Prior to the issuance of any certificate of use and occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street or drive per the Orange County Fire Authority Standard as approved by the Fire Chief. These markers are to be maintained in good condition by the property owner. (5) 6.2 FP2 Water Availability Prior to the issuance of a building permit, the applicant shall provide evidence of adequate fire flow. The Orange County Fire Authority Water Availability for Fire Protection form shall be signed by the applicable water district and submitted for approval to the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected by insufficient fire flow. (5) 6.3 FP3 Automatic Fire Sprinkler Systems A) Prior to the issuance of a building permit, the applicant shall submit plans for a required automatic fire sprinkler system in any residential structure in excess of 5,500 square feet per ordinance or any structure out of the required 150 feet fire department access to the OCFA for review and approval. B) Prior to the issuance of a certificate of use and occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. (5) 6.4 FP4 Fire Access Roads A) Prior to the issuance of any grading permits, the applicant shall submit and obtain approval of plans for all roads, streets and courts, public or private, from the Fire Chief in consultation with the City Staff. OCFA found that the proposed street widths with islands are inadequate to Exhibit A Resolution 3753 Page 8 accommodate emergency apparatus. Additionally the neckdowns leading to streets .with islands impede emergency access. Proposed street parking will have to be evaluated after modifications are made to the island and neckdown issues. The plans shall include the plan view, sectional view, and indicate the grade and width of the street or court measured flow line to flow line. All proposed fire apparatus turnarounds shall be approved by the Fire Chief and if needed, clearly marked when a dead-end street exceeds 150 feet or when otherwise required. The cul-de- sacs shown must have a minimum inside turning radius of 17 feet and outside turning radius of 38 feet. Applicable CC&Rs, or other approved documents, shall contain provisions which prohibit obstructions such as speed bumps/humps, control gates or other modifications within said easement or access road unless prior approval of the Fire Chief is granted. (5) 6.5 FP5 Street Markings A) Prior to the issuance of a building permit, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. B) Prior to the issuance of any certificate of use and occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. The CC&Rs, or other approved documents, shall contain a fire lane map and provisions which prohibit parking in the fire lanes. The method of enforcement shall be documented. (5) 6.6 FP8 Fuel Modification A) Prior to the issuance of any precise grading permit, the applicant shall obtain the approval of the Fire Chief, in consultation with the City staff of a precise fuel modification plan and program. The plan shall indicate the proposed means of achieving an acceptable level of risk to structures by vegetation. B) Prior to the issuance of a building permit, the developer shall have completed, under the supervision of the Fire Chief, that portion of the approved fuel modification plan determined to be necessary by the Fire Chief before the introduction of any combustible materials into the project area. Approval shall be subject to on-site inspection. Exhibit A Resolution 3753 Page 9 C) Prior to the issuance of any certificate of use and occupancy, the fuel modification shall be installed and completed under the supervision of the Fire Chief. Further, the installed fuel modification plant pallet shall be established to a degree meeting the approval of the Fire Chief. The CC&R's, or other approved documents, shall contain provisions for maintaining the fuel modification zones including the removal of all dead and dying vegetation subject to triennial inspections. (5) 6.7 FP9 Access Gates Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire Chiefs approval for the construction of any gate across required fire authority access roads/drives. The gate opening shall be at least 13 feet in width and allow at least 13 feet 6 inches of vertical clearance. Contact the Orange County Fire Authority at (714) 744-0499 for a copy of the "Guidelines for Fire Authority Emergency Access." (5) 6.8 FP10 Combustible Construction Letter Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and the all weather fire protection access roads shall be in place and operational before any combustible material is placed on-site. Approval shall be subject to an on-site inspection prior to the issuance of a building permit. FEES (1)(5) 7.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a. Building plan check and permit fees to the Community Development Department based on the most current schedule. b. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. c. Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department at the time a building permit is issued. The current fee is $2,785.00 per unit. Exhibit A Resolution 3753 Page 10 d. Payment of water and sewer connection fees to the Irvine Ranch Water District. e. New developmenttax is $350.00 per unit. f. School facilities fee in the amount of $2.05 per square foot. g. 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 $43.00 (forty three dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty- eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.