HomeMy WebLinkAboutCC RES 90-073 (A)8
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RESOLUTION NO. 90-73 (A)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING AN APPEAL OF
CONDITIONAL USE PERMIT 90-08, TO PERMIT THE
CONSTRUCTION OF AN APARTMENT PROJECT AT 15642
PASADENA AVENUE, ADJACENT TO AND WITHIN 150 FEET OF
SINGLE FAMILY RESIDENCES.
The City Council of the City of Tustin does hereby resolve as
follows:
I. The City Council finds and determines as follows:
That an application of Feridoun Rezai for a
Conditional Use Permit ("CUP") to permit
construction of a two and one half story, 11 unit
apartment project within 150 feet of R-1 (single-
family) zoned and developed properties was
originally heard by the Planning Commission and the
CUP granted without opposition or objections of
neighboring residents. It was subsequently
ascertained that the required list of names and
addresses of owners of adjacent properties furnished
by the applicant to the City failed to include the
owners of a number of adjacent single family
residences, and as a result, notices of the public
hearing before the Planning Commission had not been
mailed to the owners of neighboring single family
properties as prescribed by law and, accordingly
construction of the project was ordered by the City
to be stopped and the application for CUP was set
for a new public hearing before the Planning
Commission, upon new and proper notices being given
as prescribed by law.
That a public hearing before the Planning Commission
was duly called, noticed and held for said
application on April 9 and 30, 1990, resulting in
denial of the subject application.
That an appeal of the Planning Commission's denial
of CUP 90-08 has been reviewed by the City Council
of the City of Tustin of an application by Feridoun
Rezai, to construct a two and one-half story, 11
unit apartment project at 15642 Pasadena Avenue
within 150 feet of R-1 zoned and developed property.
A public hearing for said appeal was duly called,
noticed and held for said appeal on June 4, June 18
and July 2, 1990.
Establishment, maintenance, and operation of the use
applied for will not, under the circumstances of
this case, be detrimental to the health, safety,
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Resolution No. 90-73(A)
Page 2
morals, comfort, or general welfare of the persons
residing or working in the neighborhood of such
proposed use, as evidenced by the following
findings:
The use as applied for is in conformance with
the General Plan and Tustin Zoning Code.
The use applied for is a conditionally
permitted use in the R-3 zoning district.
The development of the proposed apartment
project on the subject site, as revised, is
compatible with the uses in the surrounding R-
3, R-2 and R-1 zoning districts, in that the
design of the proposed apartment project, with
pitched roofs and wood stucco siding, is
consistent with existing apartment buildings
in the surrounding R-3 and R-2 properties and
with the R-1 properties by maintaining a
maximum 20 foot height at the rear portion of
the subject property.
As designed, the project meets or exceeds all
applicable standards of the R-3 zoning
district, in that:
the buildings meet or exceed all required
setbacks;
b. The project has less than the maximum
allowed lot coverage;
The project is at or below the maximum
allowed building heights of 35 feet for
two stories and 20 feet for one story; and
The project meets the minimum parking
requirements of the R-3 zoning district.
The establishment, maintenance and operation of the
use applied for will not be injurious or detrimental
to the property and improvements in the naighborhood
of the subject property, nor to the general welfare
of the City of Tustin, and should be granted, for
the following reasons:
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Resolution No. 90-73(A)
Page 3
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· . MARY WYNN
9~' '. ~L~ty Clerk
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The rear portions of the project have been
reduced to one story to eliminate potential
impacts on the privacy of the adjacent single
family residences;
The proposed trash enclosure shall be relocated
towards the front of the site to eliminate
potential noise and odor impacts;
The proposed spa/jacuzzi in the southeast
corner of the site shall be eliminated and
replaced by at least one specimen size,
evergreen tree; and
Minimum 24" box evergreen trees shall be
planted along the side and rear property lines
of the subject site to provide additional
privacy screening.
A Negative Declaration has been prepared for this
project in conformance with the California
Environmental Quality Act.
The City Council hereby reverses the Planning Commission
denial of CUP 90-08 and approves Conditional Use Permit
90-08, as revised, approving construction of an 11 unit
apartment project at 15642 Pasadena Avenue that is
adjacent to and within 150 feet of single family
residences, subject to the conditions contained in
Exhibit "A", attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin City
Council, held on the 2nd day of July, 1990.
RICHARD B. EDGAR
Mayor
(i)
(i)
(i)
(i)
GENERAL
1.1
1.2
EXHIBIT A
USE PERMIT 90-08
CONDITIONS OF APPROVAL
REFOLUTION NO. 90-73(A)
1.3
1.4
The proposed project shall substantially conform with the
revised plans submitted for the project date stamped July
2, 1990 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.
(i) i.5
Unless otherwise specified, the conditions contained in
this 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.
(i)
Conditional Use Permit approval shall become null and
void unless all building permits are issued within twelve
(12) months of the date on this Exhibit.
The applicant shall obtain, where needed, additional
right of entry from adjacent property owners for work on
adjacent properties.
Ail required mitigation measures contained in the Final
Negative Declaration for the project certified by City
Council Resolution No. 90-72 shall be met.
1.6 The applicant shall sign and return an Agreement to
Conditions Imposed form prior to issuance of any permits.
PLAN SUBMITTAL
2.1 At building plan check, the following shall be submitted:
(3) A.
Revised construction plans reflecting all
modifications as shown on plans date stamped July
2, 1990, structural calculations, and Title 24
energy calculations. Requirements of the Uniform
SOURCE CODES
(1)
(2)
(3)
(4)
STANDARD CONDITION
CEQA MITIGATION
UNIFORM BUILDING CODE/S
DESIGN REVIEW
EXCEPTION
(5) SPECIFIC PLAN
(6) RESPONSIBLE AGENCY REQUIREMENT
(7) LANDSCAPING GUIDELINES
(8) PC/CC POLICY
(9) OTHER MUNICIPAL CODE REQUIREMENT
Exhibit A
Resolution No. 90-73(A)
Page 2
(2) B.
(3)
(2)
(3)
Ce
De
(2) F.
(6)
Building Codes, State Handicap and Energy
Requirements shall be complied with as approved by
the Building Official.
Technical detail and plans for all utility
installations including cable TV, telephone, gas
water and electricity, to reflect all modifications
to buildings. 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.
Revised grading and specifications and erosion
control plans consistent with the modified building
and landscaping plans, including berms in the front
setbacks (as necessary) prepared by a registered
civil engineer for approval of the Community
Development Department. Said plan shall clearly
indicate all grades and call outs.
Any damage done to existing street improvements and
utilities shall be repaired before issuance of a
certificate of occupancy for the project.
Prior to any work in the public right-of-way an
excavation permit shall be issued.
Information to ensure compliance with all
requirements of the Orange County Fire Chief
including required fireflow and installation, where
required, of fire hydrants subject to approval of
the Fire Department, City of Tustin Public Works
Department and Irvine Ranch Water District and
compliance with all requirements pertaining to
construction as follows:
1)
Automatic fire sprinklers shall be installed
in all units and garage areas as necessary.
Sprinkler plans shall be revised to reflect
modified building designs and shall be
submitted to the Fire Department for review and
approval prior to issuance of building permits.
Exhibit A
Resolution No. 90-73(A)
Page 3
(4)
SITE AND BUILDING CONDITIONS
3.1 The site plan shall be modified as follows:
Guest parking spaces shall be labeled as "Guest
Parking" spaces (provide details for such marking
and labeling) and shall be permanently retained as
open guest parking with no garage door installation.
The trash enclosures shall be moved in proximity to
the front of the project so as to mitigate potential
noise and odor impacts on adjacent residents. The
new location shall not be visible from Pasadena
Avenue and shall be subject to approval by the
Community Development Department.
The spa/jacuzzi in the southeast corner of the site
shall be deleted. Any future spas/jacuzzis shall
be prohibited.
3.2 Ail exterior colors to be used shall be subject to review
and approval of the Director of the Community Development
Department. All exterior treatments shall be coordinated
with regard to color, materials and detailing and noted
on submitted construction plans and elevations shall
indicate all colors and materials to be used.
3.3 Automatic garage door openers shall be provided on all
garages.
3.4 The developer shall modify Buildings A & B by removing
the entire second floor of units 5 and 6 (two end units
of Building A) and the entire second floor of units 10
and 11 (two end units of Building B).
3.5 The ends of both buildings shall have hip roofs. The one
story portions of both buildings shall incorporate
pitched roofs. The height of said pitched roofs shall
be minimized to prevent impacts on the privacy of the
adjacent single family residences; the design of the
roofs shall be subject to review and approval by the
Community Development Department.
3.6 The height of the wall on the rear property line shall
be increased to eight feet measured from the subject
site.
Exhibit A
Resolution No. 90-73 (A)
Page 4
(7)
(1)
(2)
(3)
3.7
No windows shall be located on the east (rear) elevations
of units 4, 6, 9 and 11, and outside window screens shall
be designed, compatible with the architecture, and
installed the first floor windows of units 5, 6, 10 and
11, and on the second floor windows of units 3, 4 and 9.
LANDSCAPING~ GROUNDS AND HARDSCAPE ELEMENTS
4.1
The approved landscape plans for the project shall be
revised to incorporate: minimum 24" box Melaleuca and/
or Brisbane Box trees or another evergreen species and
shall be densely planted at approximate 10 foot intervals
or less along the north, south and east property lines
to provide additional privacy and dense screening to the
adjacent residences subject to Community Development
Department approval as adequate at plan check and prior
to issuance of a certificate of occupancy. Trees along
the north and south property line shall extend to 150
feet from the east property line. At least one major
specimen size evergreen tree shall be planted in the
southeast corner of the site in place of the spa/jacuzzi.
Said trees shall be maintained at a maximum height of 25
feet. Dead trees shall be replaced with the same species
of similar size.
NOISE
5.1
Construction activity shall be limited to the hours of
7:00 a.m. to 6:00 p.m., Monday through Friday. This
shall include engine warm-ups. Construction shall be
prohibited on weekends and Federal holidays.
FEES
6.1 Prior to reinstatement of any building permits, payment
shall be made of all required fees including:
Grading plan checks and permit fees to the Community
Development Department for any such revised plans.
Ail applicable Building plan check and permit fees
to the Community Development Department for recheck
of revised plans and an issuance of new permits.
Parkland dedication in-lieu fees in the amount of
$3,300.00 to the Community Services Department.
Exhibit A
Resolution No. 90-73(A)
Page 5
De
Transportation System Improvement fees in the amount
of $1.00 per square foot. In the event that the fee
increases prior to issuance of a Certificate of
Occupancy, the developer shall pay the difference.
SR: kbc
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
RESOLUTION NO. 90-73(A)
MARY E. WYNN, 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
five; that the above and foregoing Resolution No. 90-73(A) was duly and
regularly introduced, passed and adopted at a regular meeting of the
City Council held on the 2nd day of Jul~.~__]990 by the following vote:
COUNCILMEMBER AYES: Edgar, Puckett, Pontious
COUNCILMEMBER NOES: Potts, Prescott
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
Valerie Whiteman
Chief Deputy City Clerk