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HomeMy WebLinkAboutPC RES 380210' t3 ]4 20 2! 23 24 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' 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. Gm 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. E. 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. 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. Resolution 3802 Page 2 1 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. , 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. 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. 1 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. 1 The proposed landscaping and trellis structure, as conditioned, will enhance the appearance of the gated entrance to the development. G, 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. I~INS,~CK - ' Planning Commission Secretary '~ESLIE A. PoI~TIOuS Chairperson 10 1.2 14 15 l? 19 20 21 '22 23 24 25 26 27 28 29 Resolution 3802 Page 3 -STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CiTY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, 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) 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 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 for costs associated with any necessary code enforcement action. SOU'i~C~' CODES . (~) STANDARD CONDITION (2) (3) (4) CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW (s) (~) (7) RESPONSIBLE AGENCY' REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A Conditions of Approval Resolution 3802 Page 2 With the exception of Condition 2.1t of Resolution No. 3583, 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. 1.7 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. (1) 1.8 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 engineedarchitect. No field changes shall be made without corrections submitted to and approved by the Community Development Department. (1) 2.2 Indicate on the title sheet the applicable codes, City, State, and Federal laws and regulations to include: · 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. (1) 2,3 Specifications at Building Permit plan check submittal shall reflect materials call-outs on all 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 roplaced 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. Monday 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) (2) 3.3 3,4 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. · , 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 (1) 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 (1) 5.1 Prior to issuance of any permits, payment shall be made of all 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 C'ommunity 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.