Loading...
HomeMy WebLinkAboutPC RES 3937 RESOLUTION NO. 3937 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 04-007 TO CONSTRUCT A 199 SQUARE FOOT GUARD HOUSE FOR THE TUSTIN RANCH ESTATES AT 2555 HANNAFORD DRIVE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A proper application, Design Review 04-007, was filed by the Tustin Ranch Estates Homeowners Association to construct a 199 square foot guard house for the Tustin Ranch Estates at 2555 Hannaford Drive on common area Lot B of Tract 15563 within the East Tustin Specific Plan Estate Density Residential zoning district and the Planned Community Residential General Plan land use designation. A. That the proposed project is located in the Planned Community Residential (PCR) zoning district where the Director of Community Development has determined that accessory residential uses on separate lots require design review approval by the Planning Commission and within the "Planned Community Residential" land use designation of the General Plan, which provides for residential development including accessory uses and structures. 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. B. C. That the Planning Commission considered the application on November 22, 2004. D. Pursuant to Section 9272 of the Tustin Municipal Code, the Planning 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. 2. 3. 4. 5. 6. 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. Location, height, and standards of exterior illumination. Landscaping, parking area design, and traffic circulation. 7. 8. Resolution No. 3937 Page 2 II. 10. 11. 12. 13. 14. 9. Location and appearance of equipment located outside 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. Proposed signage. Development Guidelines and criteria as adopted by the City Council. In addition, the proposed placement and design is appropriate to the setting in that the building will be located in a landscaped area near the existing vehicle gates and incorporate residential features including the same stacked stone veneer as the existing walls and gates, dark stained wood rafter tails, lintels, beams, and a front entry French-style door. E. The proposed use is accessory to the primary residential use of the property. The proposed project would not have a negative effect on surrounding property owners since the guard house would be located at least eighty- five (85) feet from the nearest residential property and seventy (70) feet from Pioneer Middle School. Given the distance of the guard shack to other uses, no traffic circulation or noise impacts are anticipated. The proposed project would not impact the availability of emergency access or utility maintenance access since the vehicle lanes would be designed per the Orange County Fire Authority's minimum lane width requirements and access to utility easements would continue to be maintained. H. The project is categorically exempt pursuant to Section 15303 (Class 3) of the California Environmental Quality Act. The Planning Commission hereby approves Design Review 04-007 to construct a 199 square foot guard house for the Tustin Ranch Estates at 2555 Hannaford Drive on common area Lot B of Tract 15563, subject to the conditions contained within Exhibit A attached hereto. F. G. Resolution No. 3937 Page 3 PASSED AND ADOPTED by the Planning Commission of the Cit regular meeting on the 22"d day of November, 200 . J NIELSEN Chairperson 2t~~*~ ELIZABETH A. BINSA K Planning Commission Secretary STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3934 was duly passed and adofted at a regular meeting of the Tustin Planning Commission, held on the 22" day of November, 2004. a~d.~ ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1 ) (1 ) (1 ) (1 ) (1 ) 1.1 1.2 1.3 1.4 1.5 EXHIBIT A RESOLUTION NO. 3937 DESIGN REVIEW 04-007 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped November 22, 2004, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. All conditions in this Exhibit shall be complied with prior to issuance of building permits or as specified, subject to review and approval by the Community Development Department. Approval of Design Review 04-007 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. As a condition of approval of Design Review 04-007, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. (1 ) (2) (3) (4) *** SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY -- -- --- -~-- - ----- --.- Exhibit A Resolution No. 3937 Page 2 (1 ) (1 ) 1.6 1.7 BUILDING (1 ) (1 ) (1 ) 2.1 2.2 2.3 The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. At the time of building permit application, the plans shall comply with the most recently adopted codes. The City is currently using the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Code (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, City Ordinances, and State and Federal laws and regulations. Building plan check submittal shall include the following: . Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. . Two (2) copies of structural calculations. . Two (2) copies of Title 24 energy calculations. . Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off-site where applicable. . Details for the proposed windows and doors. . The location of any utility vents or other equipment shall be provided on the roof plan. . Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. The plans submitted shall indicate that restroom and guard house are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Vehicle parking, primary entrance to the guard house, and sanitary facility shall be accessible to persons with disabilities. Exhibit A Resolution No. 3937 Page 3 (1 ) 2.4 ENGINEERING (1) 3.1 (1) 3.2 (1) 3.3 Prior to permit issuance, clearance from the Orange County Fire Authority shall be required. Any damage done to existing street improvements and utilities shall be repaired prior to final inspection for the project. Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. The City of Tustin is required to comply with the recycling requirements contained in the California Integrated Waste Management Act of 1989. To facilitate City compliance with this law, the project applicant is required to comply with Section 4327 of the Tustin City Cod which details requirements for developing and implementing a Waste Management Plan. ORANGE COUNTY FIRE AUTHORITY (OCFA), (5) 4.1 The minimum width of the access roadway leading into the residential development shall be maintained at thirteen (13) feet. USE RESTRICTIONS (***) 5.1 (1 ) 5.2 (1 ) 5.3 The guard house shall be operated daily, twenty-four (24) hours a day, by a maximum of one (1) guard per shift. 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. ARCHITECTURE (4) 6.1 All exterior treatments shall be consistent with the submitted color/material samples and noted on all construction plans and elevations submitted for Building Permit Plan Check, subject to review and approval by the Community Development Department at final inspection. A high quality of features, materials, and colors shall be used on the building and maintained on an ongoing basis. Any changes to colors or materials during construction or operation shall be approved in writing by the Community Development Department prior to installation. Exhibit A Resolution No. 3937 Page 4 (4) 6.2 LANDSCAPING (1 ) 7.1 (1 ) 7.2 FEES (1 ) 8.1 No exterior down spouts or roof scuppers shall be permitted. All roof drains shall utilize interior piping, but may have exterior outlets at base of buildings. Complete landscape and irrigation plans that comply with the City of Tustin Landscape and Irrigation Guidelines shall be submitted at plan check. The irrigation plan shall show the location and control of backflow prevention devices at the meter, pipe size, sprinkler type, spacing, and coverage details for all equipment. The site shall be landscaped consistent with the City's Landscaping and Irrigation Guidelines and the approved set of plans dated November 22, 2004. All plant materials shall be installed in a healthy and vigorous condition, typical to the species, and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, mowing, weeding, removal of litter, fertilizing, regular watering, and replacement of dead or diseased dying plants. The sizes and quantities of the landscaping shall be continually maintained or replaced if unhealthy. All trees and landscaping within the site shall be maintained in a healthy and vigorous condition. Unhealthy or dead trees shall be replaced within seventy-two (72) hours upon notification by the City. Prior to issuance of any permits, the applicant shall pay the following fees. Payments will be required based upon the rate in effect at the time of permit issuance and are subject to change. A. All applicable Building plan check and permit fees shall be paid to the Community Development Department. All applicable Grading plan check and permit fees shall be paid to the Community Development Department. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. Major Thoroughfare and Bridge Fees to the Tustin Public Works Department prior to building permit issuance. The current fee is $3.44 per square foot of new building area. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. Water and sewer connection fees to the Irvine Ranch Water District at the time a building permit is issued. B. C. D. E. F. Exhibit A Resolution No. 3937 Page 5 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 forty-three dollars ($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 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. -~ - -- --~~--