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HomeMy WebLinkAbout01 P.C VEHICULAR GATES 10-01-01AGENDA REPORT NO. 1 10-01-01 MEETING DATE' TO' FROM' SUBJECT: OCTOBER 1,2001 600-60 WILLIAM HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT AMENDMENT TO CONDITION NO. 2.11 OF PLANNING COMMISSION RESOLUTION NO. 3583 AS ADOPTED BY CITY COUNCIL RESOLUTION 98-25 TO ALLOW THE CONSTRUCTION OF VEHICULAR AND PEDESTRIAN GATES AND ASSOCIATED WALLS, PILASTERS, AND FENCES AT THE ENTRANCE TO TRACT 15568 (SEDONA). SUMMARY On September 10, 2001, the Planning Commission adopted Resolution No. 3802 approving Design Review 01-026 and recommending that the City Council amend Tentative Tract Map 15568 to allow the construction of vehicular and pedestrian gates and associated walls, pilasters, and fences at the entrance to the residential development known as Sedona. Applicant: Property Owners: Ramone Calles, Rick Hamm Construction, Inc. Sedona Homeowners Association, cio Action Property Management RECOMMENDATION That the City Council adopt Resolution 01-92 approving an amendment to Tentative Tract Map 15568. FISCAL IMPACT The amendment to Tentative Tract Map 15568 is an applicant-initiated project. The applicant has paid applicable fees for the processing of this request. ENVIRONMENTAL Approval of this project is Categorically Exempt pursuant to Section 15303, Class 3 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). City Council Report Tentative Tract Map 15568 Amendment October 1,2001 Page 2 BACKGROUND AND DISCUSSION The applicant is requesting an amendment to Tentative Tract Map 15568 to allow construction of vehicular and pedestrian gates and associated walls, pilasters, and fences at the entrance to the residential development known as Sedona. The development is located within the East Tustin Specific Plan area and is designated as Medium-Low Single Family Detached Residential (ML-SFD). The development is located at the northwest intersection of Tustin Ranch Road and Jamboree Road. The entrance is located on Pioneer Road (Attachment A- Location Map). Sedona is across Pioneer Road from Cedar Grove Park. Due to the close proximity to the park, the development experiences park attendees parking within the tract. The members of the Sedona Homeowners Association would like to reduce the amount of non-residents parking within the tract that are visiting the park. Tentative Tract Map 15568 was approved by the City Council on April 6, 1998, by adoption of Resolution No. 98-25, which refers to the conditions of approval within Exhibit A of Planning Commission Resolution No. 3583. Although the streets are private, Condition No. 2.11 of Resolution No. 3583 restricted the addition of private gates across the entrance street of the tract due to insufficient stacking room and lack of turn-around area. The proposed vehicular and pedestrian gates require an amendment to Tentative Tract Map 15568 and Design Review in accordance with the East Tustin Specific Plan Section 3.5.1. On September 10, 2001, the Planning Commission approved Design Review 01-026 contingent upon City Council approval of the elimination of Condition No. 2.11 of Planning Commission Resolution No. 3583. The following improvements were approved to be located on the entry road (Lot Z- Schwendeman Street) and two Common landscape lots (Lots A and B), approximately sixty-nine (69) feet from Pioneer Road (Attachment B - Submitted Plans): Two (2) six (6) foot high and fourteen (14) foot wide dark blue wrought iron vehicular gates; Two (2) six (6) foot high dark blue wrought iron pedestrian gates; Four (4) six (6) foot eight (8)inch high, white slumpstone with red brick cap pilasters; Six (6) foot dark blue wrought iron fencing; and, A six (6) foot high and twenty-three (23) foot wide, white slumpstone with red brick cap block wall. In approving the project, the Planning Commission considered the following issues and imposed several conditions of approval (Attachment C- Planning Commission Resolution No. 3802) to ensure the safe functioning and aesthetic compatibility of the gates' City Council Report Tentative Tract Map 15568 Amendment October 1,2001 Page 3 The location and design of the vehicular gates provide a sufficient sixty-nine (69) foot stacking area and a seventeen (17) foot vehicle turn-around in front of the gates. Although the stacking and turn-around area is sufficient during non-peak hours, vehicles that will access the tract during peak hours may stack onto Pioneer Road. To address this issue, the City of Tustin Engineering Division requested that the gates stay open from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. to reduce the potential stacking of vehicles onto Pioneer during the peak hours. Condition Nos. 3.1 and 3.2 require the vehicle gates to stay open and allow the City's Traffic Engineer to modify the hours if traffic impacts are identified in the future. The pedestrian gates may be locked consistent with the recent City Council action allowing private residential developments to maintain locked pedestrian gates. Condition No. 2.2 also ensures that the pedestrian gates are accessible to persons with disabilities. As part 'of the design review process, the Orange County Fire Authority approved the stacking area, which provides sufficient stacking area for a fire engine and for several cars waiting to enter the tract without interfering with traffic on Pioneer Road. The seventeen (17) foot turn-around in the center median is large enough for a .fire engine to maneuver. Condition Nos. 3.3 and 3.4 require the Sedona Homeowners Association to provide a remote access system and a Knox Box to allow the City of Tustin Police Department and the Orange County Fire Authority timely access to the development. Landscaping, a wood trellis, and keypad structure will be located in the median. Condition No. 2.6 ensures that the details of the trellis and keypad in the median are reviewed and approved by the Community Development Director and that a vine is planted at each post of the trellis to allow vegetation to cover the structure. All the landscaping and irrigation that is removed or damaged due to the construction is required to be replaced in accordance with Condition No. 2.7. The colors and design of the gates, fencing, and pilasters is consistent with other improvements within the tract and East Tustin. Condition No. 2.3 to ensure that the colors and materials of the gates, walls, wrought iron fencing, and pilasters match the existing walls and fencing within the development. ANALYSIS .A decision to approve an amendment to Tract 15568 may be supported by the following findings' City Council Report Tentative Tract Map 15568 Amendment October 1,2001 Page 4 , , , Condition No. 2.11 of Planning Commission Resolution No. 3583 can be eliminated since the redesign of the entry street as approved by the Planning Commission on September 10, 2001, will provide sufficient stacking distance and turn-around area to safely operate private vehicular and pedestrian gates. Enclosing the residential tract with vehicular and pedestrian access gates will restore privacy to a private residential development by reducing the number of non-residents entering or parking in the development. As conditioned in Exhibit A of Resolution No. 3802, adopted by the Planning Commission on September 10, 2001, the vehicular and pedestrian gates will be constructed so that they are aesthetically compatible with the tract amenities, ensure the safety of vehicular and pedestrian access to the tract, and do not impede traffic on Pioneer Road. Lot~A.~.u d i ' . Associate Planner Elizabeth A. Binsack Community Development Director S :ccrpt/ttm 15588amend.doc Attachments' A- Location Map B - Submitted Plans C- Planning Commission.Resolution 3802 D - Resolution 01-92 LOCATION MAP o~ LOT B SCH LOT Z 0.116 AC. AVENUE (P.~VA~E s~"r) H ~A LL,~, N'O, / / l0 1! 14 16 ]? ]8 20 2! 23 24 2.5 26 27 28 RESOLUTION NO. 3802 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 01-026 AND RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO TENTATIVE TRACT MAP NO. 15568 TO CONSTRUCT VEHICULAR AND PEDESTRIAN GATES AND ASSOCIATED WALLS, PILASTERS AND FENCES AT THE ENTRANCE TO TRACT 15668 (SEDONA). The Planning Commission does hereby resolve as follows' The Planning Commission finds and determines as follows' A, That a proper aPplication was filed on July 3, 2001, by Julie McKenna of Action Property Management on behalf of the Sedona Homeowners Association for Design Review 01-026 and an amendment to Tentative Tract Map No. 15568 requesting authorization to construct vehicular and pedestrian gates and associated walls, pilasters and fences to restrict access to the private streets within Tract 15568 (Sedona)located at the northwest intersection of Tustin Ranch Road and Jamboree Road, with an entrance on Pioneer Road. B, That Tract 15568 is designated as Medium Low- Single Family Detached (ML-SFD) within the East Tustin Specific Plan (ETSP), and gated residential communities are permitted in accordance with Section 3.5.1 of the ETSP. C, That a public hearing was duly called, noticed, and held on said application on September 10, 2001, by the Planning Commission. D, That City Council Resolution No. 98-25 approving Tentative Tract Map 15568 and Condition No. 2.11 of Planning Commission Resolution No. 3583 restricted the addition of gates across the entry street due to the design of the entrance which, as previously proposed, did not provide the sufficient stacking distance nor turn-around area to facilitate the safe operation of private gates. That Condition No. 2.11 of Resolution No. 3583 can be eliminated since the redesign of the entry street will provide sufficient stacking distance and turn- around area to safety operate private vehicular and pedestrian gates. Fo That the location, size, architectural features, and general appearance of the proposed project will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole, as evidenced by the following findings: . Enclosing the residential tract with vehicular and pedestrian access gates will restore privacy to a private residential development by reducing the number of non-residents entering or parking in the development. . l0 14 l? 20 2! 2.4 28 Resolution 3802 Page 2 o With an amendment to Condition 2.11 of Resolution No. 3583, the construction of vehicular and pedestrian access gates at the entrance to the Sedona Homeowners Association would be in compliance with Section 3.5.1 of the East Tustin Specific Plan which allows masonry block walls up to six (6) feet eight (8) inches in height adjacent .to arterial' roadways such as Pioneer Road. 3~ As conditioned, the location and configuration of the proposed .entry improvements, will provide .sufficient stacking area and will not impede traffic on Pioneer' Road during peak morning and evening hours. At The Orange. County Fire Authority and'Tustin Police Department have .reviewed 'and approved the location of the proposed gates and, as conditioned, .will be able to quickly access the residential tract in an emergency. St As conditioned, the design, height, colors, and materials of the vehicular and pedestrian gates and associated walls, pilasters, and fences are compatible with the existing walls, pilasters, and fencing and surrounding improvements. 6~ The proposed landscaping and trellis structure, as conditioned, will enhance the appearance of the gated entrance to the development. O~ This project is 'Categorically Exempt pursuant to Section 15303, Class 3, Title 14, Chapter 3, of the California Code of Regulations (Guidelines for the · California Environmental Quality Act). Ii. The Planning Commission' hereby approves Design Review 01-026 and recommends that the City Council approve an amendment to Tentative Tract Map 15568 authorizing the construction of vehicular and pedestrian gates and associated walls, pilasters, and fences, to restrict access to the private, streets within Tract 15568 (Sedona)located at the northwest intersection of Tustin Ranch Road and Jamboree Road, subject to the conditions, contained in Exhibit' A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 10th day of September, 2001. ELIZABETH A. BINSACK Planning Commission Secretary LESLIE A. POKiTIOUS Chairperson l0 14 20 2! 2?- 24 ?-6 28 ?.9 Resolution' 3802 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) !, ELIZABETH A. BINSACK, the under'signed, hereby certify that l am the Planning. Commission Secretary of the City of Tustin, California; that Resolution No. 3802 was duly. passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of September, 2001.. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (~) 1.1 (1) 1,2 (1) 1.3 ('~) 1,4 (1) 1.5 EXHIBIT A CONDITIONS OF APPROVAL DESIGN REVIEW 01-026 AND 'AMENDMENT TO TENTATIVE TRACT MAP 15568 The proposed use and design shall substantially, conform with the submitted plans for the project dated September 10, 2001, 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. Approval of Conditional Use Permit 01-026 is contingent upon the applicant and property owner signing and returning to the Community Development Department within seven (7) days of approval, 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 within seven (7) days of approval. The forms shall be established bY the Director of Community DevelOpment, and evidence of recordation shall be provided to the Community Development Department. The apPlicant shall hold harmless and defend the City of Tustin from .ali 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 $100.00 for each violation and each day the violation exists. The applicant shall be responsible for costs associated with any necessary code enforcement action. SOURCE CODES (1) STANDARD CONDITION (2) (3) (4) CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW ($) (6) (7) RESPONSIBLE AGENCY' REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit .A Conditions of Approval Resolution 3802 .Page '2 With the exception of Condition 2.11 of Resolution No. 3'583, the applicant shall be required to comply with all conditions of approval for Tentative Tract Map 15568 within Exhibit A of Planning Commission Resolution No. 3583 as adopted by City Council Resolution 'No. 98-25, incorporated herein by reference. (1) 1,7 Prior to issuance of building permits, the Covenants, Conditions, and Restrictions shall be modified to reflect the amendment .to Tract 15568 and this Exhibit. A draft amendment shall be submitted to the Community Development Department and City Attorney for review and approval prior to recordation. Approval of Design Review 01-026 is contingent upon the City Council approving an amendment to Tentative Tract Map 15568 (Condition 2.11 of Resolution No. 3583), which was adopted by 'the City Council through City Council Resolution No. 98-25,. to allow the installation of entry vehicle and · pedestrian gates. PLAN SUBMITTAL (1) 2,1 At plan check submit (4) sets of construction plans.. If applicable, provide' two (2) sets of structural calculations and Title 24 energy calculations prepared by a licensed engineer/architect. No field changes shall be made without corrections submitted to and approved by the Community Development Department. 2.2 Indicate on the title sheet the applicable codes, City, State, and Federal laws and regulations to include: (1) 2.3 · 1998 California Building Code; · 1998 California Mechanical and Plumbing Codes; · 1997 California Electrical Code; · City of Tustin Grading and Security Ordinance; · City of Tustin Landscaping and Irrigation Guidelines; and, · CitY of Tustin Private Improvements Standards. Specifications at Building Permit plan check submittal shall reflect materials call-outs on ali elevations with applicable details-and notes added. The details, materials, and colors of the walls, pilasters, and gates shall match, the details, materials, and colors of the existing walls and fencing materials within the development. (1) 2.4 Except as herein modified, the plans shall be consistent with the preliminary plans stamped and approved by the 'Orange County Fire Exhibit A Conditions of Approval ' Resolution 3802 .Page 3. Authority on August. 10, Development Department. 2001, and on file With the Community (1) 2.5 The median separating the ingress and egress driveways 'shall be entirely landscaped and irrigated, except in the area designated to be paved for emergency vehicle turn-around. (1) 2.6 Details for the trellis and keypad design shall be reviewed and approved by the Community Development Director prior to issuance of building permits. The trellis shall be 'made of wood material painted or stained to complement the walls and fences. A vine shall be planted adjacent to each post to allow the vegetation to cover the structure. The keypad shall be located within a structure designed to complement the surrounding improvements. (1) 2.7' The existing landscaping and irrigation removed as a result of the wall and fence construction shall be replaced with new irrigation and live vegetation compatible with the existing landscaping. Landscaping details shall be. provided on the construction plans and .installed prior to final inspection. USE RESTRICTIONS · (2) 3.1 The vehicular gates shall remain open between the hours of 7:00 a.m. to 9:00 a.m. and 4-00 p.m. to 6'00 p.m. M°nday through Friday. The City's Traffic' Engineer may modify the required open hours or require the gates to be open during extended hours if traffic imPacts are identified in accordance with Condition 3.2 of this Exhibit. , (1) 3.2 If, at any time in the future, the City is made aware and concurs that a traffic problem exists at the subject site, the Community Development Department and/or Public Works Department may require the Sedona Homeowners Association to implement immediate interim mitigation measures and submit a study, at no exPense to the City, within the time stipulated by the City. If said study indicates that there are traffic impacts associated with the vehicular gates,, the Sedona Homeowners Association shall, be required to implement mitigation measures to eliminate all identified impacts. (2) 3.3 An emergency Knox Box and the Tustin Police Department remote access system shall be installed on the vehicular gates prior to final inspection and operation of the gates and. shall be maintained in good condition at all times. (2) 3.4 The Home Owners Association shall install and maintain a remote'access system and shall provide remote devises to each resident to facilitate · quick access into the tract. Exhibit A Conditions of Approval Resolution 3802 Page 4 NOISE 4.1 All construction operations including engine warm up shall be subject to the provisions of the City .of Tustin Noise Ordinance, as amended, and may take place only during the hours of 7:00 a.m. until 6:00 p.m., .Monday through Friday and 9:00 a.m. until 5:00 p.m. on Saturday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and that 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. FEES 5,1 Prior to issuance of any permits, payment shall be made of ali required .fees, as may be in effect at the time of permit issuance, including, but not limited to: ., A. All applicable plan check and permit fees to the Community Development Department, based on the most current schedule. B. All applicable plan check and inspection fees for the Orange County Fire Authority to the Community Development Department, based on the most current schedule. , (1,5) 5.2 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. RESOLUTION 01-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ELIMINATING CONDITION NO. 2.11 OF PLANNING COMMISSION RESOLUTION NO. 3583, ADOPTED BY CITY COUNCIL RESOLUTION 98-25, TO ALLOW THE CONSTRUCTION OF VEHICULAR AND PEDESTRIAN GATES AND ASSOCIATED WALLS, PILASTERS, AND FENCES AT THE ENTRANCE TO TRACT 15568 (SEDONA) The City Council does hereby resolve as follows: The City Council finds and determines as follows: Ao That a proper application was filed on July 3, 2001, by Julie McKenna of Action Property Management on behalf of the Sedona Homeowners Association, for Design Review 01-026 and an amendment to Tentative Tract Map 15568 requesting authorization to construct vehicular and pedestrian gates and associated walls, pilasters and fences to restrict access to the private streets within Tract 15568 (Sedona) located at the northwest intersection of Tustin Ranch Road and Jamboree 'Road, with an entrance on Pioneer Road. Bo That Tract 15568 is designated as Medium Low- Single Family Detached Residential (ML-SFD) within the East Tustin Specific Plan (ETSP), and gated residential communities are permitted in accordance with Section 3.5.1 of the ETSP. C, That a public hearing was duly called, noticed, and held on said application on September 10, 2001, by the Planning Commission. Do That the Planning Commission adopted Resolution No. 3802 approving Design Review 01-026 and recommending that the City Council approve an amendment to Tentative Tract Map 15568. E, That a public hearing was duly called, noticed and held on said application on October 1, 2001, by the City Council. Fo That Condition No. 2.11 of Planning Commission Resolution No. 3583, adopted by City Council Resolution No. 98-25 approving Tentative Tract Map 15568, restricted the addition of gates across the entry street due to the design of the entrance which, as previously proposed, did not provide the sufficient stacking distance nor turn-around area to facilitate the safe operation of private gates. Go Condition No. 2.11 of Planning Commission Resolution No. 3583 can be eliminated since the redesign of the entry street, as approved by the Planning Commission on September 10, 2001, will provide sufficient Exhibit A Resolution 01-92 Page 2 stacking distance and turn-around area to safely operate private vehicular and pedestrian gates. Ho Enclosing the residential tract with vehicular and pedestrian access gates will restore privacy to a private residential development by reducing the number of non-residents entering or parking in the development. As conditioned in Exhibit A of Resolution No. 3802, adopted by the Planning Commission on September 10, 2001, the vehicular and pedestrian gates will be constructed so that they are aesthetically compatible with the tract amenities, ensure the safety of vehicular and pedestrian access to the tract, and do not impede traffic on Pioneer Road. Jo This project is Categorically Exempt pursuant to Section 15303, Class 3, Title 14, Chapter 3, of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The City Council hereby approves an amendment to Tentative Tract Map 15568 eliminating Condition No. 2.11 of Planning Commission Resolution No. 3583, as adopted by City Council Resolution No. 98-25, for the purpose of constructing vehicular and pedestrian gates and associated walls, pilasters, and fences to .restrict access to the private streets within Tract 15568 (Sedona) located at the northwest intersection of Tustin Ranch Road and Jamboree Road, subject to the conditions contained in Exhibit A of Planning Commission Resolution No. 3802. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 1st day of October, 2001. PAMELA STOKER City Clerk TRACY wlLL,S'WORLEY Mayor