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HomeMy WebLinkAboutPC RES 2543 ] 3 4 5 6 1 8 9 10 11 12 13 14 15 17 18' 19 2(~ 21 22 23 24 25 26 27 28 RESOLUTION NO. 2543 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING VARIANCE NO. 88-10, GRANTING EXEMPTIONS TO SECTIONS 9224 g.1, 9224 g.7, 9274 d.1 AND 9274 d.3 OF THE TUSTIN MUNICIPAL CODE FOR THE SYCAMORE GARDENS STOCK COOPERATIVE. The Planning Commission of the City of Tustin does hereby resolve as fol 1 ows- I. The Planning Commission finds and determines as follows- A. A proper application, Variance No. 88-10, has been filed on behalf of the Sycamore Gardens Homeowner's Assocation, requesting exemption from Sections 9224 g.1, 9224 g.7, 9274 d.1 and 9274 d.3 of the Tustin Municipal Code, as they pertain to the proposed conversion of the Sycamore Gardens from Stock Cooperative into a condomi ni urn. B. A public hearing was duly called, noticed and held for said application on Monday, November 14, 1988. C. Sycamore Gardens was developed as a 100 unit apartment complex in the 1960's and converted into a stock cooperative in January, 1980 while under County jurisdiction. D. The Sycamore Gardens Stock Co-op was annexed into the City in December, 1980 as part of Annexation No. 109. E. The applicant is seeking a variance to gain exemption from the following Code Sections and their requirements in order to convert from a stock cooperative to a condominium' 1. 9224 g.1 - requirement to obtain a use permit to allow structures on property adjacent to R-1 zoned property to exceed one-story and/or 20 feet in height. There are 10 existing two-story buildings on the subject property, all of which exceed 20 feet in height. 2. 9224 g.7 - requirement to provide two (2) assigned, covered parking spaces per unit and one {1) open, guest parking space for every four (4) units. Currently, there are 138 assigned, covered spaces and 27 open spaces for tenants on a first come, first served basis. As it is layed out, there is no room to pick up additional parking on the site without moving structures. 3. 9274 d.1 - requirement to satisfy the intent of Chapter 35 of the Uniform Building Code, 1976 Edition, and of the California Administrative Code Title 25, Chapter 1, 1 2 3 4 5 6 8 9 11 I 13 14 , 15 17 2(~ 21 22 23 24 25 26 27 28 Resolution No. 2543 Page two Fe Subchapter 1, Article 4, Section 1092 pertaining to sound attenuation between units. The project was built prior to the requirements for sound attenuation. 4. 9274 d.3 - requirement to provide one hour fire rated walls between units. The units were built prior to this standard. In granting this Variance, the Planning Commission makes the following findings' 1. That there are unusual and exceptional circumstances pertaining to the proposed use of the subject property that do not pertain to other properties in the same zoning district, in that the subject property is the only existing stock cooperative in the City, and proposes to change the nature of ownership interests. It is not an apartment project. 2. That the granting of this Variance is necessary to preserve a substantial property right of the applicant, which right is enjoyed by other property owners in the same zoning district (R-3), in that the subject property is an existing development built prior to current City, State and Uniform Building Code requirements, and is cost prohibitive for the applicant to comply with these requirements, and without these exemptions, the stock cooperative cannot convert to a condominium and shareholders will not be able to enjoy the same ease in selling their ownership interest as readily as condominium owners in the same zoning district. 3. That the granting of this Variance will not be detrimental or injurious to surrounding properties, in that the subject property is maintained in very good condition, and would continue to be so following a conversion to condominium ownership. 4. That the granting of this Variance is not contrary to the City's General Plan, in that condominiums are a permitted use in the Multiple Family Residential land use district. G. 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 general welfare of the City of Tustin, and should be approved. G 8 9 10 11 13 14 15 17 22 23 24 26 27 Resolution No. 2543 Page three He A Negative Declaration will be prepared in conformance with the California Environmental Quality Act. II. The Planning Commission approves Variance No. 88-10, granting exemptions from the requirements of Sections 9224 g.1, 9224 g.7, 9274 d.1 and 9274 d.3 of the Tustin Municipal Code as they pertain to the conversion of the Sycamore Gardens Stock Co-op from a stock cooperative into a condominium, subject to the conditions contained in Exhibit A, attached hereto and made a part hereof by reference. PASSED AND ADOP.T~D at a regu.~lAr meet~,,ng of the~.Tustin Planning Commission, held on the 14th day of November, 1988. Chairman Penni Foley Secretary EXHZBIT A Resolution No. 2543 Yariance No. 88-10 Conditions of Approval 1. Unless otherwise specified, the conditions contained in this exhibit shall be complied with prior to approval of a final tract map for conversion to a condominium; or prior to issuance of a Certificate of Compliance for said conversion, whichever shall occur. 2. This variance shall become null and void if the conversion process is not completed within twelve {12) months of the date of this approval. 3~ Solid self-closing gates constructed of either wood or metal shall be installed on all trash enclosures. e Stop signs shall be installed at all points of vehicular access onto public rights-of-way. Said signs shall conform to the City's Public Works Department Standards. 5. Landscaping and irrigation plans (in conformance with the City's Landscape and Irrigation Submittal Requirements) for the dirt planter strip adjacent to the easterly and southerly property lines, shall be submitted for review and approval by the Director of Community Development. Landscaping and irrigation improvements shall be installed prior to completion of the conversion process, or the applicant shall post a bond with the City in an amount to be determined by the Community Development Department to guarantee installation of said landscaping. 6. Existing A.C. driveways shall be resurfaced (all work complete) with a minimum of one (1) inch of new A.C. paving no later than July 15, 1989. The applicant sh:_'ll post a bond in an amount to be determined by the Community Development Department to guarantee completion of said work. 7. The applicant shall schedule an inspection of the property by the Orange County Fire Department and a report of this inspection shall be provided to the Community Development Department. 8. The applicant shall comply with the City's Security Ordinance by providing dead bolt locks, window locks and security lighting as necessary throughout the project. 9. The applicant shall provide to the Community Development Department a report on general structural conditions, addressing foundations, framing, interior and exterior wall coverings, roof, plumbing, electrical wiring, utility connections, built-in household appliances, heating and cooling systems and sewer evaluation prepared by an independent state licensed structural engineer, architect or general contractor. Applicant shall obtain access to as many units as possible and shall provide documentation of notification of inspection to each occupant and written justification where access is not obtained and inspection not conducted. Said report shall address condition and expected remaining useful Exhibit A Resolution No. 2543 Page two life of each respective item, recommending work required if any, to correct any deficiencies. All necessary work shall be completed prior to completion of the conversion process on those units inspected where deficiencies were noted in said report, or the applicant shall post a bond with the City in an amount to be determined by the Community Development Department to guarantee completion of said work. Applicant shall prepare for review by the City Attorney and Director of Community Development, a document notifying those specific unit owners where access was not provided, that no inspection was undertaken (the general structural condition or deficiencies) in that respective unit and was not reported pursuant to the City's Multiple Family Conversion Standards. Upon approval of the above described notification document, said document shall be recorded concurrently with the final tract map or Certificate of Compliance and a copy mailed to all affected ownership interests by certified mail, return receipt requested. Verification of mailing shall be provided to the City. 10. The applicant shall submit a pest information report (performed within the last calendar quarter) addressing the present condition of the structures as they may be affected by termites, dry rot, roaches or other insects, and recommending work required, if any, to render the structures free of infestation. Applicant shall obtain access to as many units as possible and shall provide documentation of notification of inspection to each occupant and written justification where access is not obtained and inspection not conducted. All required work shall be completed prior to completion of the conversion, or the applicant shall post a bond with the City in an amount to be determined by the Community Development Department to guarantee completion of said work. Applicant shall prepare for review by the City Attorney and Director of Community Development, a document notifying those specific unit owners where access was not provided, that no inspection was undertaken (present condition as related to termites, dry rot, roaches and other insects) in that respective unit and was not reported pursuant to the City's Multiple Family Conversion Standards. Upon approval of the above described notification document, said document shall be recorded concurrently with the final tract map or Certificate of Compliance and a copy mailed to all affected ownership interests by certified mail, return receipt requested. Verification of mailing shall be provided to the City. 11. The applicant shall sign and return an "Agreement to Conditions Imposed" form, stating agreement to comply with the conditions placed upon this Variance. 12. The applicant shall prepare for review by the City Attorney and Director of Ex~ibi% A Resolution No. 2543 Page three Community Development a document notifying all present and future owners that the existing structures do not and will not meet the sound attenuation requirements of Chapter 35 of the Uniform Building Code, and of the California Administrative Code, Title 25, Chapter 1, Subchapter 1, Article 4, Section 1092 as well as the requirements to provide one hour fire rated walls between units, as required by Section 9274d.3 of the Tustin City Code; as the structures were built prior to the existence of these requirements and the applicant requested and received approval of a variance to these requirements. Upon approval of the above described notification document, said document shall be recorded concurrently with the final tract map or Certificate of Compliance and a copy mailed to all ownership interests by certified mail, return receipt requested. Verification of mailing shall be provided to the City. SR:ts STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) -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. .'"~'~'"' was duly passed and adopted aJL.,a regular meeting of the Tustin Planning Commission held on the /l'~"~/L~day 0f '/ ' ~''' m ~ : '~:~''/ L ~' z98 ?. PENNI FOLEY /t~ Recording Secretary"