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RESOLUTION NO. 2575
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, APPROVING USE PERMIT 89-05 TO PERMIT THE
CONSTRUCTION OF A TWO AND ONE HALF STORY, 11 UNIT
APARTMENT PROJECT THAT IS ADJACENT TO AND WITHIN 150
FEET OF A SINGLE FAMILY RESIDENCE, TO BE LOCATED AT
15642 PASADENA AVENUE
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
A. A proper application, Use Permit No. 89-05 has been filed on
behalf of Feridoun Rezai to request approval to construct a
two and one half story, 11 unit apartment project that is
adjacent to and within 150 feet of a single family residence, to
be located at 15642 Pasadena Avenue.
B. A public hearing was duly called, noticed and held on said
application on March 13, 1989.
C. 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, as evidenced by the following findings:
le
The use as applied for is in conformance with the General
Plan and Tustin Zoning Code.
2. The use applied for is a conditionally permitted use in the
R-3 zoning di strict.
3. The development of the proposed apartment project on the
subject site is compatible with the uses in the surrounding
R-3, R-2 and R-1 zoning districts.
4. As designed, the project meets or exceeds all applicable
standards of the R-3 zoning district.
D. The establishment, maintenance, and operation of the use applied
for will not be injurious or detrimental to the property and
improvements in the neighborhood of the subject property, nor to
the genera.1 welfare of the City of Tustin, and should be
granted.
E. A Negative Declaration has been prepared for this project in
conformance with the California Environmental Quality Act.
1
2 Resolution No. 2575
Page two
2
II.
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lG Penni Foley
Secretary
~G
~T
The Planning Commission hereby approves Conditional Use Permit 89-05
approving construction of a two and one half story, 11 unit apartment
project that is adjacent to and within 150 feet of a single family
residence, to be located at 15642 Pasadena Avenue subject to the
conditions contained in Exhibit "A", attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission,
held on the 13th day of March, 1989.
~/ Chai rm~n
EXHIBIT A
USE PERMIT 89-05
CONDITIONS OF APPROVAL
RESOLUTION NO. 2575
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans for
the project date stamped February 21, 1989 on file with the Community
_i_ Development Department, as herein modified, or as modified by the Director of
Community Development Department in accordance with this Exhibit.
~1) 1.2 Unless otherwis~ 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 Conditional Use Permit approval shall become null and void unless building
permits are issued within twelve {12) months of the date on this Ex).ibit. CUP
approval is also subject to Redevelopment Agency approval of the design of the
project. Failure to obtain such approval will result in the Conditional Use
Permit approval becoming null and void.
(1) 1.4 The applicant shall obtain right of entry from adjacent property owners for
all work adjacent to property lines. Proof of such shall be provided prior to
issuance of any permits.
{1) 1.5 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 submittal:
(3)
A. Construction plans, 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.
(2)
(3)
B. Preliminary technical detail and plans for all utility installations
including cable TV, telephone, gas, water and electricity. 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.
(2)
(3)
C. Final grading and specifications and erosion control plans consistent
with the site plan and landscaping plans {including berms in the front
setbacks) and prepared by a registered civil engineer for approval of the
SOURCE CODES
{1) STANDARD CONDITION
(2) NEGATIVE DECLARATION MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
*** EXCEPTION
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
-xhibit A
',esolution No. 2575
~age two
12)
',3)
i1)
,2)
]5)
12)
Community Development Department. Said plan shall clearly indicate all
grades and call outs.
D. A precise soils engineering report provided by a soils engineer within
the previous twelve (12) months.
Ee
Information, plans and/or specifications to ensure satisfaction of all
Public Works Department requirements including but not limited to:
1) Curb and gutter
2) Si dewalk
3) Domestic water service
4) Sanitary sewer service
5) Street trees
6) Street lights
F. Any damage done to existing street improvements and utilities shall be
repaired before issuance of a certificate of occupancy for the project.
G.
Prior to any work in the public right-of-way an excavation permit shall
be issued.
H~
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
fol 1 ows:
1) Automatic fire sprinklers shall be installed in all units and garage
areas as necessary.
SITE AND BUILDING CONDITIONS
3.1 The site plan shall be modified 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.
B. The trash enclosures shall be moved six {6) feet to the east so as to
provide adequate back-up space for the guest parking stall at the east
end of Building "A" and shall be modified to provide pedestrian access
for trash disposal.
C ·
Building height shall not exceed 35 feet as measured from the average
elevation of the site based upon the lowest and highest grades proposed
on the subject property.
Exhibit A
Resolution No. 25?5
Page three
3.2 Modify building elevations and proposed exterior materials as follows:
A. Provide exact details and exterior door and window types and treatments
(i.e., framing color glass tint).
B. Change the color of the accent concrete and brick pavers from brick red
to dark gray so as to be compatible with the building c¢iors.
C,
Property line fences/walls shall be designed, painted and stuccoed to
match the main buildings.
(1) 3.3 All exterior colors to be used shall be subject to review and approval of the
{4) Director of the Community Development Department. All exterior treatments
must 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.
3.4 Automatic garage door openers shall be provided on all garages.
LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS
{6} 4.1 Submit at plan check complete detailed landscaping and irrigation plans for
all landscaping areas consistent with adopted City of Tustin Landscaping and
Irrigation Submittal Requirements. Provide summary table applying indexing
identification to plant materials in their actual location. The plan and
table must list botantical and common names, sizes, spacing, actual location
and quantity of the plant materials proposed. Show planting and berming
details, soil preparation, staking, etc. The irrigation plan shall show
location and control of backflow prevention 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 irrigation materials is subject
to field inspection at project completion by the Department of Community
Development.
(6} 4.2 The submitted landscaping plans at plan check shall reflect the following
requirements:
A. Turf is unacceptable for grades over 25%. A combination of planting
materials must be used, ground cover on large areas alone is not
acceptable.
B. Provide a minimum of one 15 gallon size tree for every 30 feet of
property line on the property perimeter and five 5 gallon shrubs.
]xhib:t A
lesolution No. 2575
'~age four
C ·
Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum
of 8 feet on center when intended as screen planning.
D. Ground cover shall be planted between 8 to 12 inches on center.
E. When i gallon plant sizes are used the spacing may vary according to
materials used.
F ·
Up along fences and/or walls and equipment areas, provide landscaping
screening with shrubs and/or vines and trees on plan check drawings.
G. All plant materials shall be installed in a healthy vigorous condition
typical to the species and shall be maintained in a neat and healthy
condition; this will include but not be limited to triming, mowing,
weeding, removal of litter, fertilizing, regular watering, or replacement
of diseased or dead plants.
H. Earth mounding is essential and must be provided to applicable heights
whenever it is possible in conjunction with the submitted landscaping
plan. Earth mounding should be particularly provided along Pasadena
Avenue.
I. Major points of entry to the project, courtyards and pedestrian internal
circulation routes shall receive specimen trees to create an
i denti fi cati on theme.
Je
Landscaping adjacent to the right-of-way shall be coordinated with
parkway landscaping.
K. Minimum 24" box trees shall be planted at the north, south and east
property lines to provide additional privacy screening to the adjacent
residences.
L. The landscape nodes at the garage separations shall be enlarged to a
minimum dimension of 3' by 4', including a six (6) inch curb. Such shall
be shown on the grading plan. Shrub/trees shall be planted in said
nodes, in addition to ground cover. Irrigation plans shall include said
nodes.
4.3 Indicate lighting scheme for project, note locations of all exterior lights
and types of fixtures, lights to be installed on building shall be a
decorative design. No lights shall be permitted which may create any glare or
have a negative impact on adjoining properties. The location and types of
lighting shall be subject to the approval of the Director of Community
Development.
Exhibit A
Resolution No. 2575
Page fi ve
NOISE
--~,1) 5.1 Construction activity shall be limited to the hours of 7'00 a.m. to 6'00
12) p.m., Monday through Friday. This shall include engine warm-ups.
Construction shall be prohibited on weekends and Federal holidays.
FEES
{1) 6.1 Prior to issuance of any building permits, payment shall be made of all
(3) required fees including:
(5)
{7} A. Major thoroughfare and bridge fees to Tustin Public Works Department.
B. Sanitary sewer connection fee to Orange County Sanitation District.
C. Grading plan checks and permit fees to the Community Development
Department.
D. All applicable Building plan check and permit fees to the Community
Development Department.
E. New development fees to the Community Development Department.
F. School facilities fee to the Tustin Unified School District.
G. Parkland dedication in-lieu fees in the amount of $3,300.00 to the
Community Services Department.
SR:pef
,o
'STATE OF CALIFORNIA )' '
COUNTY OF ORANGE )
CITY OF TUSTI~, )
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. ~5~5-- was duly passed and adopted at a regular meeting of'
the~T~u~stin Planning Commission, held on the /~T~-day of .~~ . ,
198~__.. -
PENNi FOLEY /~
Recording Secretary
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