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HomeMy WebLinkAboutCC RES 01-02RESOLUTION NO. 01-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ADMINISTRATIVE ADJUSTMENT 00-001 AND DESIGN REVIEW 00-024 TO AUTHORIZE 1) INSTALLATION OF TWO NINE (9) FOOT TALL PILASTERS AND THE ADDITION OF WROUGHT IRON FENCING TO AN EXISTING STONE VENEER WALL FOR AN OVERALL HEIGHT OF NINE (9) FEET, AND TWO PEDESTRIAN GATES AT THE EXISTING MAIN ENTRANCE TO THE PROJECT ON HANNAFORD DRIVE ON LOTS L AND K AND 2) INSTALLATION OF A SlX (6) FOOT TALL WROUGHT IRON FENCE AND GATE ACROSS LOTS F AND S NORTH OF THE TERMINUS OF TOWNSHIP DRIVE (LOTS F AND S). 9 I0 11 ~2 13 15 The City Council finds and determines as follows: That a proper application for Administrative Adjustment 00-001 and Design review 00-024 was filed by Standard Pacific Homes and Tustin Ranch Estate Maintenance Association requesting authorization 1) to install two (2) nine foot pilasters and add wrought iron fencing to an existing stone veneer wall for overall height of nine (9) feet and 2) to install six (6) foot tall wrought iron fencing and gate across Lots F and S, an open paved and landscaped area north of the terminus of Township Drive (Lots F and S Tract). t6 17 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 public right-of-way may be constructed of any materials acceptable to the Planning Commission. 19 20 21 22 23 24 25 26 28 29 Fo That an increase of twenty percent (20%) in the permitted height of a fence or wall (seven foot six inches maximum) requires approval of an Administrative Adjustment that may be granted by the Community Development Director. This authority was deferred to the Planning Commission and City Council, on appeal. That public hearings were duly called, noticed and held on said application on September 25, 2000 meeting by the Planning Commission and the Planning Commission approved Administrative Adjustment 00-001 and Design Review 00-024 by adopting Resolution No. 3746. That on September 27, 2000 the applicant appealed the Planning Commission's approval of the project. That a public hearing was duly called, noticed and held on said appeal on November 20, 2000 by the City Council and continued to January 16, 2001 and subsequently to February 5, 2001, meeting at the applicant's request. The City Council directed staff to return on February 20, 2001, with an amended resolution modifying Condition 2.1 to allow the pedestrian gate on Lot F to be locked and upholding 7 9 i2 13 14 ;'7 I$ 19 20 21 .'2 23 24 26 29 City Council Resolution 01-02 February 20, 2001 Page 2 Condition Nos. 1.5 and 2.8 requiring the applicant to hold the City harmless and install the wrought iron fencing on Lots F and S in accordance with the revised site and fence plan. Go The proposed project is consistent with the policies of the General Plan land use designation "Planned Community Residential" and the East Tustin Specific Plan designation "Estate Density" which provides for residential development and related accessory structures, in addition, the project is consistent with the Air Quality Sub-Element of the Tustin General Plan. Pursuant to Section 9272 of the Tustin Municipal Code, the City Council finds that the location, size, architectural features and general appearance of Administrative Adjustment 00-001 and Design Review 00-024, as conditioned, 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 City Council has considered at least the following items, if applicable: 2. 3. 4. 5. 6. 10. 11. 12. 13. Height, bulk and area of buildings. Setbacks and site planning. Exterior materials and colors. Type and pitch of roofs. Size and spacing of windows, doors and other openings. Towers, chimneys, roof structures, flagpoles, radio and television antennae. Landscaping, parking area design and traffic circulation. Location, height and standards of exterior illumination. Location and appearance of equipment located outside of an enclosed structure. Location and method of refuse storage. Physical relationship of proposed structures to existing structures in the neighborhood. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. Development Guidelines and criteria as adopted by the City Council. The proposed project will not have a negative effect on the surrounding property owners, or impact the availability of public, emergency, or maintenance access to the residential site. The proposed fencing is compatible with the existing fencing within the tract and will not be a detriment to the public, health, safety, welfare and aesthetics of the community. Estate residential developments typically allocate a larger area to the main entrance. Considering the width and area of the entrance gate, the proposed nine (9) foot pilasters and wrought iron fencing would complement the scale and size of the vehicular gates. City Council Resolution 01-024 February 20, 2001 Page 3 L. That pursuant to Section 3.13.2 of the East Tustin Specific Plan and Section 9299(C)(3) of the Tustin City Code, there are special circumstances regarding the size, configuration, topography and surroundings of the subject property in that the project site is located within the East Tustin Specific Plan Hillside District and comprised of steep slopes and grades. The increased height of the entry pilasters and fencing is necessary to ensure their effectiveness in directing access to the community given the sloped configuration of the gated areas. In addition, granting the adjustment would not be a grant of special privileges in that other properties in the vicinity with similar site constraints have been granted similar adjustments. to 12 13 14 15 16 17 18 19 20 zl 22 23 za 25 26 2~ 2s 29 M. Public access to Lot 47 (Pioneer Middle School Site) through Lot L would remain unchanged. N. As conditioned, access for maintenance and utility easements would be maintained at Lot F. The applicant would be responsible for recordation of easements for Lot F to the satisfaction of the easement holders and weed abatement of the natural open space areas on continual basis. O. As conditioned, fencing across Lot F would not impede drainage. P. The project is Categorically Exempt (Class 3) pursuant to Section 15303 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). Q. That the concept of open/restricted pedestrian access to private tracts in East Tustin will be considered by the City Council through amendments to applicable entitlements; a City Council policy; an amendment to the East Tustin Specific Plan; or, other action as the City Council deems appropriate. The City Council hereby approves Administrative Adjustment 00-001 and Design Review 00-024 authorizing installation of two (2) nine (9) feet tall pilasters, addition of wrought iron fencing to an existing stone veneer wall for an overall height of nine (9) feet and two pedestrian gates at the main entrance to the project on Hannaford Drive and installation of a six (6) foot tall wrought iron fencing across an open paved and landscaped area north of the terminus of Township of Drive (Lots F and S), subject to the conditions contained within Exhibit A, attached hereto. 12 ~4 16 19 22 24 26 29 City Council Resolution 0t-02 February 20, 2001 Page 4 PASSED AND ADOPTED by the City Council of the City of Tustin, meeting on the 20th day of February, 2001. PAMELA STOKER City Clerk at a regular STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR RESOLUTION NO. 00-02 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Resolution 01-02 was duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council, held on the 20"' day of February, 2001. COUNCILMEMBER AYES: Worley, COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None Thomas, Bone, Doy].e, Kawashima PAMELA STOKER City Clerk EXHIBIT A CONDITIONS OF APPROVAL ADMINISTRATIVE ADJUSTMENT 00-001 AND DESIGN REVIEW 00-024 FEBRUARY 20, 2001 GENERAL (1) (1) (1) 1.1 1.2 1.3 (1) 1.4 (1) 1.5 The proposed project shall substantially conform with the submitted plans for the project date stamped February 20, 2001, 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 modification to plans dudng plan check if such modifications are to be consistent with provisions of the Tustin City Code. (1) 1.6 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or pdor to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.7 The subject project approval shall become null and void unless permits for the proposed project are issued ~nd 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. Approval of Administrative Adjustment 00-001 and Design Review 00-024 is contingent upon the applicant signing and returning a notarized "Agreement to Conditions Imposed" form as established by the Director of Community Development Department. 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. 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. The applicant shall be responsible and agrees to pay for costs associated with any necessary code enforcement action. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODF_JS (4) DESIGN REVIEW (5) (6) (7) RESPONSIBLE AGENCY LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTIONS Exhibit A City Council Resolution 01-02 February 20, 2001 Page 2 (1) 1.8 All conditions of approval of Tentative Tract Map 14396 and Final Tract Map 15563 are incorporated by reference and shall continue to apply unless herein modified. USE RESTRICTIONS (*) 2.1 (1) (1) (*) The pedestrian access gates across Lots F and S may be secured. The pedestrian gates at the main entrance shall remain accessible unless the relevant conditions in Tentative Tract Map 14396 and Final Tract Map 15563 are modified, the East Tustin Specific Plan is amended, or a City Council policy is adopted to permit the securing of said gates. 2.2 A knox box for emergency and utility access (Orange County Flood Control District and Irvine Ranch Water District) shall be provided at the gated access across Lot F. (4) 2.3 The wrought iron fencing across Lots F and S shall not restrict maintenance access to the natural landscaped areas. The applicant shall provide effective weed abatement of natural landscaped areas on a continual and as needed basis without notification from the City of Tustin. 2.4 All easements shall be recorded for Lot F of Tract 15663 within ten (10) days from approval of the project. Paved roads to the pressure reducing station and manhole within Lot F shall be provided as required by IRWD. In addition, the easements shall be recorded with provisions regarding acceptable landscaping and paving standards within the easement areas. The applicant shall submit approval of the easement holders prior to issuance of a building permit and installation of any landscaping or fencing. 2.5 Installation of the fence across Lot F shall not interrupt drainage, utilities, maintenance access from Township Drive or Hoxie Drive. The fence shall be installed as shown on the approved plans and shall not obstruct any portions of any concrete swale. The drainage channels shall be inspected and maintained free of debris by the Tustin Ranch Estates Maintenance Association at all times. 2.6 Public information signs (trespassing, security, etc.) installed on fencing or another structure which is visible from Pioneer Way or Township Drive shall be designed with size, color, and materials that complement the design features of Tract 15563 and the neighborhood subject to review and approval of the Community Development Department. 2.7 To insure that the proposed fence along Lots F and S is compatible with the surrounding area, the applicant shall coordinate with the Community Development Department and IRWD to remove pavement and install Exhibit A City Counci~ Resolution 01-02 February 20, 2001 Page 3 Landscaping, to the greatest extent feasible, in the areas that are not required for IRWD access. Said plans shall be provided to the Community Development Department for review and approval prior to issuance of a building permit. (4) 2.8 The wrought iron fencing across Lots F and S shall be relocated and painted a natural color to complement landscaping, subject to final inspection by the Community Development Department. PLAN SUBMITTAL (1) 3.1 At plan check, submit seven (7) sets of construction plans, two (2) sets of structural calculations prepared by a licensed engineer/architect, elevations that include all proposed dimensions, materials, colors, and finishes, and details for the wrought iron fencing, pilasters, and gates. No field changes shall be made without corrections submitted to and approved by the Community Development Department. (1) 3.2 At the time of building permit application, the plans shall comply with the most currently adopted codes, City ordinances, and State and federal laws and regulations. Currently, the City has adopted the 1998 California Building Code and 1998 California electrical Code. Indicate on the title sheet the applicable codes, City, State, federal laws and regulations. (1) 3.3 The applicant shall reduce the height of the pilasters to nine (9) feet in height consistent with Administrative Adjustment 00-001 which authorizes a twenty (20) percent increase in the overall permitted fence height. NOISE (1) 4.1 (1) 4.2 All construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official. Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. (1) 4.3 All requirements of the City's Noise Ordinance shall be met at all times. Exhibit A City Council Resolution 01o02 February 20, 2001 Page 4 FEES (1) 5.1 Prior to the issuance of any building permit, 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: ko Building plan check and permit fees to the Community Development Department. Qrange County Fire Authority plan check and inspection fees to the Community Development Department. 5.2 Within forty-eight (48) hours of approval, the applicant shall deliver to the Community Development Department a cashier's check payable to the County Clerk-Recorder in the amount of $43.00 to enable the City to file the appropriate environmental documentation for the project. If within such forty- eight (48) hour period the applicant has not delivered the check, the statute of limitations for any interested party to challenge the environmental determination under the California Environmental Quality Act may be significantly lengthened.