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HomeMy WebLinkAboutCC RES 96-079 1 RESOLUTION NO. 96-79 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, RATIFYING ITS DECISION OF JULY 1, 1996 TO MODIFY THE 4 PLANNING COMMISSION'S ACTION AND APPROVE DESIGN REVIEW 95-042 TO UPDATE THREE PREVIOUSLY APPROVED PRODUCT TYPES 5 AND ADD TWO NEW PRODUCT TYPES TO THE BUILDOUT OF THE PREVIOUSLY APPROVED DEVELOPMENT ON TRACT 13908. 6 7 The City Council of the City of Tustin does hereby resolve as follows: 8 9 I. The City Council finds and determines as follows: 10 A. That a proper application, Design Review 95-042, was submitted and revised by Bramalea California requesting 13 approval to update three previously approved product types and add two new product types to the buildout of 12 the previously approved development on Tract 13908; 13 B. That the said application was considered by the Planning Commission on April 8, 1996, and continued to April 22, 14 1996, May 13 and 28, 1996, and June 10, 1996 at which time the Planning Commission approved Design Review 95- 15 '042 and recommended approval of the Amendment to Tentative Tract 13908 by adopting Resolution Nos. 3432 16 and 3433 respectively; 17 C. That neighborhood meetings were conducted on April 15 and 24, 1996 and May 20 and 28, 1996 with the applicant, 18 interested residents and City staff in an effor~ to resolve outstanding concerns related to the project; 19 D. That the San Marino Home0wners' Association filed an 20 appeal of the Planning Commission's action to approve Design Reveiw 95-042 on June 17, 1996; 21 E. That on July 1, 1996 the City Council took action to 22 modify the Planning Commission's action and approve Design Review 95-042 with additional conditions; 23 F. That an Environmental Impact Report EIR 85-2, as amended, 24 for the East Tustin Specific Plan has been certified in conformance with the requirements of the California 25 Environmental Quality Act for the subject project; and 26 G. Pursuann to Section 9272 of the Tustin Municipal Code, the Council finds that the location, size, architectural 27 features and general appearance of the proposed development will not impair the orderly and harmonious 28 development of the area, the present or' future Resolution No. 96-79 Page 2 1 2 3 development therein, or the occupancy as a whole. In 4 making such findings, the Council has considered at least the following items: 5 6 1. Height, bulk and area of buildings. 7 2. Setbacks and site planning. 8 3. Exterior materials and colors. 9 4. Type and pitch of roofs. 10 5. Size and spacing of windows, doors and other openings. 6. Towers, chimneys, roof structures, flagpoles, radio 12 and television antennae, 13 7. Landscaping, parking area design and traffic circulation. 14 8_ Location,. height and standards of exterior 15 illumination. 16 9. Location and appearance of equipment located outside of an enclosed structure. 17 10. Physical relationship of proposed structures to 18 existing structures in the neighborhood. 19 11. Appearance' and design relationship of proposed structure to existing structures and possible 20 future structures in the neighborhood and public thoroughfares. 21 12. Development Guidelines a~d criteria as adopted by 22 the City Council-. 23 24 II. The City Council hereby ratifies its decision of July 1, 1996 to modify the Planning Commission's action and approve Design 25 Review 95-042 to update three previously approved product types and add two new product types to the buildout of the 26 previously approved development on Tract 13908, subject to the conditions contained in Exhibit A, attached hereto. 27 28 Resolution No. 96-79 Page 3 1 4 PASSED ANDADOPTED by the City Council of the City of Tustin, at a regular meeting on the 5th day of August, 1996. 5 6 ~ 7 ~ ~~/ WO 8 9 10 ~.NY~J~ ~ PAMELA STOKER tl City Clerk 12 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 13 CITY OF TUSTIN ) 14 I, Pamela Stoker, City Clerk. and ex-officio Clerk of the City 15 Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of 16 Tustin is five; that the above and foregoing Resolution No. 96-79 was duly passed and adopted at a regular meeting of the Tustin City 17 Council, held on the 5th day of August, 1996, by the following vote: 18 COUNC'ILMEMBER AYES: Worley, Thomas, Doyle,'Potts, Saltarelli 19 COUNCILMEMBER NOES: None COUNCILMEMBER/~BSTAINED: None 20 COUNCILMEMBER ABSENT: None 21 22 STOKER CITY CLERK 23 24 25 26 27 28 EXHIBIT A RESOLUTION NO. 9.6-79 CONDITIONS OF APPROVAL DESIGN REVIEW 95-042 GENERAL (1) 1.1' The proposed project shall substantially conform with the submitted plans date stamped July 1, 1996 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 to be consistent with provisions of the East Tustin Specific Plan (ETSP).' (1) 1.2 Unless otherwise specified, the' conditions contained in the 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 approval shall become null and void unless .building permits are issued within twenty four (24) months of the date ofthis Exhibit. (1) 1.4 The applicant shall sign. and return an Agreement to Conditions Imposed form prior to issuance of building permits. (1) 1.5 The applicant and property owner shall hold harmless and defend the City of Tustin for all claims and liabilities arising out of the City"s approval of the entitlement -process for this project. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION 4 Exhibit A Resolution No. 96-79 Conditions of. Approval Design Review 95-042 Page 2 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 and approved by the Building Official. (2) B. Preliminary technical detail and plans for all (3) utility installations including cable TV, telephone, gas, water and electricity. 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. (2) C. Final grading and specifications consistent with (3) the site plan and landscaping plans and prepare~ by a registered Civil Engineer for approval by the Community Development Department. (2) D. Final streen improvement plans consistent with the (3) site plan and landscaping p~ans and prepared by a registered Civil Engineer for approval by the Community Development Department. (2) E. Model complex plans identifying all temporary (3) fencing, landscaping, elevations, parking facilities and~ other temporary model complex facilities. (2) 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 and that the exterior noise levels shall not exceed a.maximum of 65 dBa's. (1) 2.2 Submitted construcSion drawings shall be in conformance with all development standards as applicable in the East Exhibit A Resolution No. 96-79 Conditions of Approval Design Review 95-042 Page 3 Tustin Specific Plan. Conceptual approval of locations of structures shall not constitute final approval. SITE AND BUILDING CONDITIONS *** 3.1 The plotting of Plan 6 shall be limited to Lots 44 - 80. *** 3.2 No plotting mix change shall be made in Phase 1. *** 3.3 The Community Development Department may make minor (4) subsequent changes to the plotting mix, except as required by Condition 3.1 and 3.2 above, provided that all applicable development standards and requirements of the East Tustin Specific Plan are satisfied. However, the maximum number of Plan 6 units shall not exceed 12 unless specifically approved by the Planning Commission. *** 304 The Model Complex shall be located on Lots 81 - 84 and (4) shall include a Plan 4 and Plans 3 and/or 7. No Plan 6 shall be constructed in the model complex. *** 3°5 Sky lights shall be provided as standard features in the updated Plans 1, 3 and. 4 consistent with the original Plans 1, 3 and 4. *** 3°6 Clay tile roof material shall be provided on all plans as a standard feature consistent with the original plans. *** 3°7 Wood sectional roll-up garage doors shall be provided on all plans as a standard feature consistent with the original plans. 3°8 Fireplaces in the living room of all plans shall be provided as a standard feature. *** 3°9 Premium brand vinyl frame windows shall be provided as standard features on all plans. Premium brand wood frame windows'.shali be offered as an optional feature at builder's cost. *** 3~10 A different marketing name for the buildout of the project shall be provided. Evidence of the separate marketing name shall be provided to the Community Development Department prior to issuance of building permits for the project. Exhibit A Resolution No. 96-79 Conditions of Approval Design Review 95-042 Page 4 *** 3.11 Separate plan numbers shall be provided for the updated Plans 1, 3 and 4 which are separate and distinct from the original Plans 1, 3 and 4. Evidence of the separate plan numbers shall be provided to the Community Development Department prior to issuance of building permits for the project. *** 3.12 Construction access may be provided from the paseo between Lots 74 and 75, subject to final approval of the City Engineer. (1) 3.13 Provide exact details of all exterior door and window (4) types, including but not limited to such information as frame color and glass tint. (1) 3.14 All exterior colors to be used shall be consistent with (4) the existing residences'and shall be subject. to review and approval of the Director of the Community Development Department. All exterior treatments shall be ~oordinated with regard to color, materials and detailing and.noted on submitted construction plans; elevations shall indicate all colors and materials to be used. (1) 3.15 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. (1) 3.16 Exterior elevations of the buildings shall indicaze any (4) fixtures or equipment to be located on the roof of the building, equipment heights and type of ,screening. LANDSCAPING, GROUNDS AND HARDSCAPE ELEM~NTS (6) 4.1 The applicant shall submit detailed landscaping and irrigation plans for all new landscaping areas and the model complex on the site consistent with adopted City of Tustin Landscaping and Irrigation Guidelines. The plans shall include the following information: A. A summary table applying indexing identification to plant materials in their actual location. The plan and table must list botanical and common names, sizes, spacing, actual location and quantity of the plant materials proposed. Exhibit A Resolution No. 96-79 Conditions of Approval Design Review 95-042 Page 5 Bo Planting and berming details, soil preparation, Staking, etc. Co 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. D~ All property lines on the landscaping and irrigation plan, public right-of-way area, sidewalk widths, parkway areas, and wall locations. E. Note on landscaping plan that coverage of landscaping irrigation materials is subject to field inspection at project completion by the Community Development Department. (6) 4.2 The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity materials during'plan check. (6) 4.3 The submitted landscaping plans at plan check must reflect the following requirements, either incorporated into the design and/or construction or included as notes: A. 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. Bo Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum of 8 feet on center when intended as screen planting. Ground cover shall be planted between 8 to 12 inches on center. Do When 1 gallon plant sizes are used the spacing may vary according to materials used. E° All plant materials shall be installed and maintained in a neat and healthy condition typical to the species. This will include but not be limited to trimming, mowing, weeding, removal of litter, fertilizing, regular watering, or replacement of diseased or dead plants. (1) 404 A complete~ detailed project sign .program including design, location, sizes, colors and materials shall be Exhibit A. Resolution No. 96-79 Conditions of Approval Design Review 95-042 Page 6 approved by the Irvine Company then submitted for review and approval by the Community Development Department. The sign program shall include temporary project identification, model complex, addressing and street signs. All signs shall be in accordance with the City's Security Code. NOISE (1) 5.1 Prior to the issuance of any building permits, a final (2) acoustical analysis report describing the acoustical (3) 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. All residential lots and dwellings shall be sound attenuated against present and projected noises, which shall be ~he sum of all noise impacting the project, so as not to exceed an exterior standard 65 dBa CNEL in outdoor areas and an interior standard of 45 dBa CNEL in all habitable rooms is required. Evidence prepared under the supervision of an acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be provided. (1) 5.2 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) 5.3 All construction operations, including engine warm-up, deliveries of materials and equipment, shall be subject to the. provisions of the City of Tustin Noise Ordinance shall take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday unless otherwise determined by the Building Official. (1) 5.4 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. Exhibit A Resolution No. 96-79 Conditions of Approval Design Review 95-042 Page 7 FEES (1) 6ol Prior to issuance of any building permits, payment shall (3) be made of all required fees as may be in effect at the (6) time of permit issuance, including but not limited to: A. Major thoroughfare and bridge fees in the amount of $2,556 per unit to the Tustin Public Works Department, or as may be amended prior to permlt issuance. Bo Water and sewer connection'fees to the Irvine Ranch Water District. Co Street improvement, grading and landscaping plan checks and permit fees to the COmmunity~Development Department based on the most current schedule, as may be amended prior ~o permit issuance. D. All applicable Building plan check and permit fees to the Community Development Department based on the most current schedule, as may be amended prior to permit issuance. Eo New development fees in the amount of $350 per unit to the Community Development Department, or as-may be amended prior to permit issuance. Fo School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the Irvine Company. Go In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall deliver to the Community Development Department, within forty-eight (48) hours of notification, a cashier's check payable to the COUNTY CLERK in the amount of $850 (eight hundred fifty.-dollars) pursuant to AB 3158, Chapter 1706, Statutes of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid. DF:br: