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HomeMy WebLinkAboutPC RES 347510 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3475 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 96-013, DESIGN REVIEW 96-026 TO AUTHORIZE THE CONVERSION OF THE EXISTING 64 UNIT APARTMENT COMPLEX TO CONDOMINIUM UNITS WITH SITE AND BUILDING RELATED IMPROVEMENTS, AND VARIANCE 96-005 TO ALLOW A PERIMETER FENCE TO EXCEED THREE FEET IN HEIGHT WITHIN THE FRONT YARD SETBACK AREA, REDUCE THE AMOUNT OF REQUIRED PARKING FROM 144 SPACES TO 133 SPACES, AND MODIFY THE AMOUNT AND TYPE OF RELOCATION ASSISTANCE, ON THE PROPERTY LOCATED AT'1361 EL CAMINO REAL. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: ao That proper applications, Conditional Use Permit 96-013, Design Review 96-026 and Variance 96-005, were filed by Vista Equities to authorize the conversion of the existing 64 unit apartment complex to condominium units with site and building related improvements, and to allow a perimeter fence to exceed three feet in height within the front yard setback area, reduce the amount of required parking from 144 spaces to 133 spaces, and modify the amount and type of relocation assistance, on the property located at 1361 E1 Camino Real; and, B · That a public hearing was duly called,' noticed and held for said applications on September 23, 1996 by the Planning Commission; and, C· That est'ablishment, 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, nor to the general welfare of the City of Tustin in that the conversion of existing apartment 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3475 Page 2 units to condominium units is appropriate given the existing site design, including building arrangement, open space and recreation facilities. With the proposed building and site improvements, including garage parking, the development will offer a level of amenities which is conducive to home ownership. m. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. That any Variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated. There are special circumstances, with respect to the location, shape and surroundings of the project site creating the need to increase the fence height within the front yard setback. The property is designed with dwelling unit entrances oriented toward E1 Camino Real. Locating the fence outside of the 15 foot front yard setback area would be impractical and would negatively impact those dwelling unit entrances. The proximity of the high school immediately to the west results in a high volume of pedestrian traffic adjacent to the project which necessitates a higher level of safety and security as this is the only residential development within the vicinity. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3475 Page 3 D . . The property is developed and has functioned with 111 parking spaces, the physical constraints of the site will only allow 22 additional spaces to be provided which is proposed as part of the project, the total number of parking spaces would improve the existing conditions and move closer to the Tustin City Code requirements since no new dwelling units are proposed. , Redevelopment Agency funds are being provided for the project which requires conformance with California Redevelopment Law. California Redevelopment Law requires specific relocation benefits which must be made available to existing tenants which are more generous and flexible that those benefits required by the Tustin City Code. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Height, bulk and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors and other openings. 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. 9. Location and appearance of equipment located outside of an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3475 Page 4 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signage. 14. Development Guidelines and criteria as adopted by the City Council. II. The Planning Commission hereby approves Conditional Use Permit 96-013, Design Review 96-026 and Variance 96-005 authorizing the conversion of the existing 64 unit apartment complex to condominium units with site and building related improvements, and to allow a perimeter fence to exceed three feet in height within the front yard setback area, reduce the amount of required parking from 144 spaces to 133 spaces, and modify the amount and type of relocation assistance, on the property located at 1361 E1 Camino Real, subject to conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 23rd day of September, 1996. LOU BONE Chairman BARBARA REYES d/ Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3475 was duly passed and adopted at a-regular meeting of the Tustin Planning Commission, held on the 23rd day of September, .1996. Recording Secretary EXHIBIT A CONDITIONAL USE PERMIT 96-013, DESIGN REVIEW 96-026 & VARIANCE 96-005 CONDITIONS OF APPROVAL RESOLUTION NO. 3475 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date 'stamped September 23, 1996 on file with the Community Development Department, as herein modified, or as modified by the Director of the Community Development Department 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 Tustin City Code or other applicable regulations. (1) 1.2 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) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued within twenty four (24) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of (CUP 96-013, DR 96-026 and VAR 96-005) is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant shall hold and defend the City 'of Tustin harmless from 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 Exhibit A CUP 96-013, DR 96-026, VAR 96-005 Resolution No. 3475 Page 2 PLAN SUBMITTAL 2.1 At building plan check, the following items shall be submitted: (3) A. (5) (2) B. (3) Information, plans and/or'specifications to ensure satisfaction of all applicable Conditions of Approval in Exhibit A of Planning Commission Resolution No. 3474. A detailed acoustical noise study prepared by a qualified acoustical expert, subject to review and approval by the Community Development Department, to insure that interior noise levels do not exceed a maximum of 45 dB CNEL and exterior noise levels shall not exceed a maximum of 65 dB CNEL. The report and any subsequent field inspection shall comply with Condition 7.1 and 7.2 of Exhibit A of Planning Commission Resolution No. 3474. SITE AND BUILDING CONDITIONS (1) 3.1 The building plans shall provide exact details for exterior doors and window types and treatments (i.e., framing color, glass tint). Architectural details shall be provided for all building elevations. The appearance and design of said details shall be subject to the approval of the Community Development Department. (1) 3.2 Ail final 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. (1) 3.3 The applicant shall note on final plans that a six-foot high chain linked fence shall be installed around the area of construction within the project site prior to construction stages of each phase or effected area of construction subject to review and approval of the Director of Community Development. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 3.4 The applicant shall provide a photometric study for the property to demonstrate compliance with the City's Security Ordinance which requires a minimum of one (1) footcandle of illumination on the street and parking Exhibit A CUP 96-013, DR 96-026, VAR 96-005 Resolution No. 3475 Page 3 surface, and a minimum of .25 footcandles on sidewalks, pool area and other pedestrian areas, subject to the review and approval of the Director of Community Development. (1) 3.5 Address signs shall be illuminated consistent with the City's Security Ordinance. (4) 3.6 Manufacturer fixture details of all exterior lighting fixtures shall be provided to the Community Development Department for review and approval. All fixtures shall be architecturally compatible with the design of the project. Fixtures should direct light rays downward and not produce light or glare which negatively impacts adjacent units, properties or public right-of-way. *** 3.7 Automatic garage door openers shall be provided in all garages. (4) 3.8 Trash enclosures shall be finished in stucco and painted to match the buildings. Details of the trash enclosures shall be provided and include solid masonry fencing and solid metal gates architecturally consistent with the project. (1) 3.9 Final mailbox architectural details indicating color and (4) exterior treatment shall be included in the working drawings, and subject to review and approval of the Community Development Department during plan check. LANDSCAPING, GROUNDS AND F~RDSCAPE ELEMENTS (1) 4.1 The applicant shall submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas, including the 'model complex, consistent with adopted City of Tustin Landscaping and Irrigation Guidelines. Landscaping plans shall be approved by the Community Development Department prior to issuance of any building permits. Provide a summary table identifying plant materials. Landscaping plans must be approved prior to issuance of any building permits. The plant table'shall list botanical and common names, sizes, spacing, location and quantity of the plant materials proposed. Show plantihg and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow, prevention Exhibit A CUP 96-013, DR 96-026, VAR 96-005 Resolution No. 3475 Page 4 devices, pipe size, sprinkler type, spacing and coverage. Details for all equipment must be provided. Show all property lines on the landscaping and irrigation plan, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. The Department of Community Development may request minor substitutions of plant materials or request additional sizing or quantity materials during plan check. Note on landscaping plan that coverage of landscaping and irrigation materials is subject to field inspection at project completion by the Department of Community Development. (1) 4.2 Ail walls, fences or landscaping adjacent to streets (7) should be designed to provide adequate sight distance for (4) vehicles exiting the tract via the private streets. (1) 4.3 A complete, detailed project sign program including (4) design, location, sizes, colors, and materials shall be submitted for review and approval by the Department of Community Development. The sign program shall include temporary and permanent project identification, addressing and street signs. FEES (1) 5.1 Payment of all fees required in Condition 11.1 through (6) 11.2 of Exhibit A of Planning Commission Resolution No. 3474.