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RESOLUTION NO. 91-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL
USE PERMIT 90-08, TO PERMIT THE CONSTRUCTION
OF AN APARTMENT PROJECT AT 15642 PASADENA
AVENUE, ADJACENT TO AND WITHIN 150 FEET OF A
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 an 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.
Bo
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.
Co
That an appeal of the Planning Commission's
denial of CUP 90-08 was reviewed by the City
Council of the City of Tustin of an
application by Feridoun Rezai, to construct
the 11 unit apartment project at 15642
Pasadena Avenue within 150 feet of R-1 zoned
and developed property. A public hearing on
said appeal was duly called, noticed and held
for said appeal on June 4, June 18 and July 2,
1990. Based on meetings with neighboring
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Resolution No. 91-41
Page 2
property owners, a number of design changes
were proposed for the project.
On July 6, 1990, the Tustin City Council
approved Conditional Use Permit 90-08 with
adoption of Resolution No. 90-73(A). The
approved project was substantially revised
from the project denied by the Planning
Commission. A number of owners of properties
lying adjacent to the project objected to the
issuance of Conditional Use Permit 90-08 and
filed a Petition for Writ of Administrative
Mandamus. The Superior Court on December 13,
1990 issued a decision ordering the City to
set aside Resolution No. 90-73(A) and any
conditional use permit granted thereunder. A
new public hearing was set before the City
Council upon new and proper notices were given
as prescribed by law.
That a new public hearing before the City
Council to hear Conditional Use Permit 90-08
was duly called, noticed and held for said
application on March 18, 1991.
Pursuant to Section 9291 of the Tustin City
Code, the City Council finds and determines
that establishment, maintenance, and operation
of the use applied for will not, under the
circumstances of this case, be detrimental to
the health, safety, morals, comfort, or
general welfare of the persons residing or
working in the neighborhood of such proposed
use, and that said use will not be injurious
or detrimental to property and improvements in
the neighborhood or the general welfare of the
City, as evidenced by the following findings:
The design of the project is compatible
with adjacent single family residences
and will result in a minimal impact on
the privacy of adjacent single family
residents and will not negatively impact
the use of their rear backyards based on
the following facts
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Resolution No. 91-41
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ae
be
To reduce the scale of the project
and potential privacy impacts, the
project has been redesigned as two
stories in height over depressed
subterranean parking, excepting the
east (rear) of the structure where
four units are typically one-story
in height. The rear units on
Buildings A and B (units 5, 6, 10
and 11) have been reduced in height
to one story and will not exceed 20
feet in maximum height. The maximum
height and pitched roof design are
compatible with the adjacent single
family homes that are approximately
20 feet high. Removal of second
floors on the above units will
create a 60 foot second story
setback on Building A from R-1
District properties to the east and
a 74 foot 8 inch second story
setback from R-1 District properties
to the east.
Residents of the project will not
have a direct line of sight from
their units onto adjacent R-1
properties to the east since obscure
glass will be incorporated on
certain bathroom windows and no
windows will be permitted on the
east (rear) elevations of Units 4,
6, 9 and 11 adjacent to R-1
properties. In addition, window
screens will be installed on certain
specially designed bedroom windows,
specifically, first floor windows in
units 5, 6, 10 and 11 and second
floor windows of Units 3, 4 and 9
with bathroom windows on the same
units again treated with obscure
glass that will prevent views to the
east (rear) toward the R-1
properties.
Proposed side and rear yard setbacks
substantially exceed the minimum
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Resolution No. 91-41
Page 4
do
Se
setbacks required by the R-3
District. The R-3 district only
requires a minimum 5 foot interior
side yard setback and 10 foot rear
yard setback. The project, as
designed, provides a minimum 8 foot
side yard setback on the north side
of the lot, a 15 foot 6 inch minimum
side yard setback on the south side
of the lot and a 10 to 24 feet 8
inch rear yard setback adjacent to
R-1 zoned properties to the east. A
single story apartment building
could be built within 10 feet of the
rear yard and 5 feet of the side
yards with no conditional use
permit. The setbacks for the one-
story units meet or exceed these
standards.
To provide additional privacy for R-
i properties to the east the
following additional measures will
be taken: trash enclosures for the
project will not be at the rear of
the project but will be relocated in
closer proximity to the front of the
project; the spa/jacuzzi originally
proposed in the southeast corner of
the site will not be installed; a
rear wall along the rear property
line will be raised from 6' 8" to 8
feet; 24 inch boxed evergreen trees
will be planted closely spaced at 10
foot intervals along portions of the
side and rear property lines of the
subject site, and at least one major
specimen tree will be planted at the
southeast corner of the site.
The appraisal firm of Donahue and
Company, Inc. has concluded in their
report, dated January 28, 1991
attached as Exhibit B and
incorporated herein in its entirety
by reference, that the subject
project has been constructed to
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Resolution No. 91-41
Page 5
assure the privacy of adjoining
properties and provides
architectural betterment to the area
(see page 9 of Exhibit B).
Based on a shade and shadow study for the
project dated February 15, 1991 and
prepared by LSA, a firm which specializes
in environmental assessment, the project
does not substantially affect the
existing solar coverage of the roofs or
structures fronting on Myrtle in the R-1
Zone, and in the vicinity of the project
nor will the shadow coverage be extensive
throughout the majority of any day for
any time of the year. The report
concludes that there will be no
significant shade/shadow impacts
associated with the project. The report
is attached as Exhibit C and incorporated
herein in its entirety by reference.
In addition to the above information,
staff have taken video tapes of the shade
and shadow situation on the site taken at
different times of the day and
particularly in the late afternoon.
Based on a review of video tapes, it is
not believed that the shadows/shade of
the project will cause any detriment to
adjoining properties.
An appraisal study has been completed by
a qualified appraisal firm, Donahue and
Company, Inc., to determine how much, if
any diminution in value to adjoining
properties and neighborhood improvement
would occur as a result of the completion
and occupancy of the project. As a
result of this comprehensive analysis, it
was found that no negative impact on any
neighborhood values would result from the
subject project. The report is
incorporated herein in its entirety by
reference.
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Resolution No. 91-41
Page 6
Light and glare from project lighting
will not be an impact on adjacent
properties since the project will be
required to confine direct light rays to
the subject property as required by the
Zoning Code through the use of lighting
fixtures which incorporate cut-offs and
shielding.
According to the appraisal firm of
Donahue and Company, Inc., the proposed
project provides architectural betterment
to the area. The project has been
constructed of good quality materials and
has an aesthetically pleasing and newer
architectural style (see page 3 of
Exhibit B). The second story portions of
the project, are only at or slightly
above pitched single story rooflines of
residences to the east in the R-1
District (see page 10 of Exhibit B).
To enhance light and air at the project
site and on adjacent R-1 properties, the
project incorporates a variety of insets,
projections and cantilevers to achieve
relief on all sides of the two buildings.
The project also only has a lot coverage
of 38% of the site as compared to the 65%
lot coverage that is authorized in the R-
3 Zoning District and is below the
maximum allowed building heights of 35
feet in the R-3 District with building
heights.
The proposed color and materials proposed
for the project are compatible with those
of surrounding developments in that the
proposed color scheme and combination of
wood lap siding and stucco is similar to
color and materials used at the project
to the north, immediately across Pasadena
Avenue to the west, to the south and the
general earthtone stucco and wood siding
with composition shingles on the single
family residences to the east.
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Resolution No. 91-41
Page 7
II.
The proposed project is located on
Pasadena Avenue which the City Traffic
Engineer has determined is adequate in
size to carry the quantity and kind of
traffic to be generated by the project.
As presently designed, the project
provides all required parking of the R-3
Zoning District. Eleven two car garages
(with automatic garage door openers) and
three covered guest spaces (with no
garage doors) are proposed. Due to the
semi-subterranean location of garages and
the grade of the project's access
driveway, the project is required to
install a speed bump in the driveway ramp
to reduce vehicle speed and a stop sign
at the driveway exit to provide
additional protection for passing
motorists and pedestrians.
The applicant has also been required to
pay Transportation System Improvement
fees in the amount of $1.00 per square
foot as a contribution toward areawide
transportation system improvements.
The project has the potential to add 24
new residents to the area based upon the
City's average household population of
2.4 persons per household (deducting the
residents of the previous existing
dwelling on the site). This proposed
density and resulting increase in
population is permitted and anticipated
by the City's Zoning Code and General
Plan. The project is proposed to meet
minimum Uniform Housing Code requirements
and no overcrowding is anticipated.
Ge
A Negative Declaration has been prepared for
this project in conformance with the
California Environmental Quality Act.
The City Council hereby 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
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Resolution No. 91-41
Page 8
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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 1st day of April, 1991.
ARD B. EDGAR
Mayor
MARY WY~
City Cl~k
(1)
(l)
(1)
(i)
GENERAL
1.1
EXHIBIT A
USE PERMIT 90-08
CONDITIONS OF APPROVAL
RESOLUTION NO. 91-40
1.2
1.3
The proposed project shall substantially conform with the
revised plans submitted for the project date stamped and
approved by the Building Division on August 1, 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.
1.4
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.
(1) 1.5
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. 91-40 shall be met.
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 any
modifications required by this resolution to
construction plans date stamped August 1, 1990,
structural calculations, and Title 24 energy
calculations. Requirements of the Uniform Building
Codes, State Handicap and Energy Requirements shall
be complied with as approved by the Building
Official.
SOURCE CODES
(1)
(2)
{3)
(4)
STANDARD CONDITION (5)
CEQA MITIGATION (6)
UNIFORM BUILDING CODE/S (7)
DESIGN REVIEW (8)
EXCEPTION (9)
SPECIFIC PLAN
RESPONSIBLE AGENCY REQUIREMENT
LANDSCAPING GUIDELINES
PC/CC POLICY
OTHER MUNICIPAL CODE REQUIREMENT
Exhibit A
Resolution No. 91-41
Page 2
(2) B.
Ce
De
(2) E.
Technical detail and plans for all utility (3)
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.
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 (6)
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 Tustin Water Department 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.
SITE AND BUILDING CONDITIONS
3.1 The site plan shall include as follows:
ao
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.
Be
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
Exhibit A
Resolution No. 91-41
Page 3
(1) 3.2
(4)
3.3
*** 3.4
*** 3.5
3.6
3.7
from Pasadena Avenue and shall be subject to
approval by the Community Development Department.
Said location shall also not be modified without an
Amendment to Conditional Use Permit 90-08.
Ce
The spa/jacuzzi in the southeast corner of the site
shall be deleted. Any future spas/jacuzzis shall
be prohibited.
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.
Automatic garage door openers shall be provided on all
garages.
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).
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
5:12 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.
The height of the wall on the rear property line shall be
eight feet measured from the subject site.
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 on privacy sensitive bedroom windows on the
first floor windows of units 5, 6, 10 and 11, and on the
second floor bedroom windows on units 3, 4 and 9.
Obscure glass shall be incorporated in all bathroom
windows. Outside window screens shall be permanently
maintained on the windows they are proposed on and shall
be kept in good repair. The Community Development
Director shall inspect said screens prior to release of
Exhibit A
Resolution No. 91-41
Page 4
(7)
(1)
(2)
(1)
(3)
a Certificate of Occupancy for the project for their
adequacy in screening and construction condition. The
Department may request field alterations of the screens
as necessary at final inspection.
LANDSCAPINGt 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 tree of a specific type such as Carrotwood
(cupaniopsis anacardioides) shall be planted in the
southeast corner of the site in place of the spa/jacuzzi.
Said tree shall be permanently maintained and trimmed not
to exceed 25 feet in height to prevent excess shadow
impacts on adjacent properties. Other trees planted
along rear and side lot lines shall be permanently
maintained at a maximum height not to exceed 20 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:
ae
Grading plan checks and permit
Community Development Department
revised plans.
fees to the
for any such
B. Ail applicable Building plan check and permit fees
Exhibit A
Resolution No. 91-41
Page 5
Eo
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.
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.
"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 City of Tustin in the amount of
$25.00 (twenty five dollars) pursuant to AB 3185,
Chapter 1706, Statutes of 1990, to enable the City
to file the Notice of Determination required under
Public Resources Code Section 21152 and 14 Cal.
Code of Regulations 15075. If within such forty-
eight (48) hour period that the applicant has not
delivered to the Community Development Department
the above-noted check, the approval for the project
granted herein shall be considered automatically
null and void.
In addition, should the Department of Fish and Game
reject the Certificate of Fee Exemption filed with
the Notice of Determination and require payment
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 $1,250 (one
thousand two 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."
CAS:Kbc\,91-41.cas
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
RESOLUTION NO. 91-41
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. 91-41 was duly and
regularly introduced, passed and adopted at a regular meeting of the
City Council held on the 1st day of April, 1991 by the following vote:
COUNCILMEMBER AYES: Edgar, Puckett, Pontious
COUNCILMEMBER NOES: Potts
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: Prescott
Mary E. ,W~ynn, Cit~ Clerk
City of Tustin