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RESOLUTION NO. 2302
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING USE PERMIT
86-5 AND VARIANCE 86-1 TO AUTHORIZE THE DEVELOPMENT
OF 160 UNIT R£SIDENTIAL CONDOMINIUM PROJECT AT THE
SOUTHERLY TERMINUS OF NEWPORT AVENUE IN THE PLANNED
DEVELOPMENT DISTRICT.
The Planning Commission of the city of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows'
A. That a proper application has been filed on behalf of Lincoln
Properties requesting authorization to develop a 160 unit
condominium project at the southerly terminus of Newport Avenue
and to vary from the requirements for providing guest parking
spaces from .25 per unit to .11 per unit.
B. That a public hearing was duly called, noticed and held on said
appl i cati on.
C. The Planning Commission hereby makes the following findings of
fact:
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That establishment, maintenance, and/or operation of the
use applied for will not be detrimental to the health,
safety, or morals of the persons residing or working in the
neighborhood of such proposed use, in that:
a. The proposed activity is in compliance with the use
restrictions and application procedures of the City
Code Section 9224d.1, 9291 and 9292;
b. The project is in conformance with the intent of the
ct ty' s development standards.
2. The establishment, maintenance and/or operation of the use
applied for will not be detrimental to the comfort and
general welfare of persons residing or working in the
neighborhood of the proposed use tn that the activity is
proposed for the correct land use and zoning classification
and shall be developed in a manner prescribed by the city's
development and zoning provisions except for the guest
parking provisions.
3. The establishment, maintenance and/or operation of the use
applied for will not be injurious or detrimental to
property, improvements in the neighborhood, or general
welfare of the city in that the project will be constructed
in conformance with the 1982 Uniform Building Code.
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Resolution No. 2302
Page two
4. That a Negatt'~e' Declaration with mitigation measures was
previously approved incorporating the recommendations of
Engineering Sciences, Inc. to conform with the city's Noise
Ordtnance.
5.' The proposed development shall be in accordance with the
development poltcies adopted by the City Counctl, Uniform
Building Code as administered by the Building Official,
Fire Code as administered by the Orange County Flre
Marshal, and street improvement requtrements as
administered by the City Engineer.
6. Final development plans shall be reviewed and approved by
the Community Development Department.
7. That because of special circumstances applicable to the
subject property, relattve to size, shape topography
location or surroundings, a strict application of the
Zoning Ordinance is found to deprive subject property of
privileges enjoyed by others In the vicinity and under
identical zone classification, evidenced by the following
findings:
a.
The use is in conformance with the land use element of
the Tustin Area General Plan.
b®
That 76 of the 160 units are either bachelor units or
one (1) bedroom units.
c. That all units have 2 parking spaces assigned to them
therefore, .11 visitor spaces in addition to the
tenant spaces shall provide adequate parking for the
project.
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That the granting of a variance as herein .provided will 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.
9. That the granting of the variance as herein provided will
not be contrary to the intent of the Zoning Ordinance or
the public safety, health and welfare, and said variance
should be granted.
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Resolution No. 2302
Page three
II. The Planning Commission-'h&reby approves Use Permit 86-5 and Variance
86-1 for the development of 160 residential condominiums at the
southerly terminus of Newport Avenue while varying from the
requirements for provision of guest parking spaces from .25 per unit
to .11 per unit subject to the conditions as listed in Exhibit "A"
atttached to this Resolution No. 2302.
PASSED AND ADO~~tdaay reeula~/meeting~,__~/~ ~ ~o....°f ~ Tustin Planning Co~ission,
held on the 10th day of February, 1986
' ·./i~ ~ KATHY WEIL,
~ ~m Chatr~n
Recording Secretary
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EXHIBIT "A"
FOR USE PERMIT 86-5 ARD VARIANCE 86-1
The development shall be surrounded by a masonry wall except the property
line abutting a street, alley or driveways.
All trash colleCtion areas shall be surrounded by a six foot fence or block
wall with adequate access to and from these areas for trash and garbage
collection vehicles.
All development standards as recited in Section 9224e, I through g in the
Planned Development District.
All construction shall meet requirements of the City Ordinance, State and
Federal Laws and Regulations, and of the following codes:
1982 Uniform Building Code
1982 Uniform Housing Code
1982 Uniform Mechanical Code
lg82 Uniform Plumbing Code
1984 National Electric Code
Swimming pool and spa shall be approved by the County Health Department.
Development will be required to dedicate all required street right-of-way
across the Newport Avenue frontage of the parcel.
Street improvement plans (plan and profile) and construction of
improvements for Newport Avenue which include but are not. necessarily
limited to the following will be required-
a. Street paving
b. Curb and gutter
c. Sidewalk
d. Driveway aron
e. Marbelite street lights with underground conduit feed
f. Street trees
g. Construction of a looped domestic water system within the site
inclusive of connections to both Kenyon Drive and Newport Avenue, fire
hydrants and domestic water service meters.
h. Sanitary sewer facilities
Annexation of said parcel to a City of Tustin Ltghting District. Advanced
energy charges for street lighting may be required depending upon the date
said annexation is complete. Said annexation must be initiated prior to
final plan approval.
Preparation and submittal of a final grading plan for review and approval
by the Ct ry.
Community Development Department
Exhibit "A"
page two
10. Payment of Orange County Sanitation District No. 7 fees in the amount of
$250.00 per dwelling unit at the time a building permit is issued.
11. Payment of East Orange County Water District fees in the amount of $500.00
per dwelling unit at the time a building permit is issued.
12. The City will require the developer to enter into an agreement obligating
the - developer to 'participate tn the Eastern/Foothill Transportation
Corridor Fee Program at the time building permits are issued.
13. On-site hydrants shall be required.
14. Prior to the issuance of any building permits for combustible construction,
evidence that a water supply and hydrants for fire protection is available,
shall be submitted and approved by the fire chief.
15. Fire department emergency access construction details shall be submitted
and approved by the fire chief.
16. The Covenants, Conditions and Restrictions for this condominium project
shall be reviewed and approved by City Staff and City Attorney prior to
their recordation. The CC & R's shall specifically dictate
responsibilities between the homeowners association and private property
owners for the maintenance both interior and exterior of all buildings,
plumbing and electrical facilities. The CC & R's shall also specifically
prohibit the storage of recreational vehicles within the complex.
The CC & R's shall contain restrictions against the conversion of garage
spaces to any other use except the storage of motor vehicles. The City
shall be a part of the CC & R's and any modification of the CC &
concerning these conditions shall require approval by the City of Tustin.
17. Environmental mitigation measures shall be required to reduce both exterior
and interior noise levels to conform with the interior requirements of the
City of Tustin Noise Ordinance. Said mitigation measures as recommended by
the City-retained firm of Engineering Sciences, Inc. shall be included on
the final plans. Such mitigation measures may include construction of
sound attenuation walls, increases in the quantity of structural insulation
and reduction of exposed glazing.
18. Continuous concrete curbs shall be provided to separate landscape planters
from parking spaces and drive aisles.
19. All roof top equipment and vents must be screened from view to the
sari sfaction of City staff.
20. All signs must be approved by the Planning Department prior to permit
issuance.
21. Separate permits are required for plumbing, electrical, grading, signing
and any work performed within the public right-of-way.
Community Development Department
Exhtbtt "A"
page three
22. Parking requirements for studio apartments will be one (1) space per unit.
23. Roofing material will be of red concrete tile.
Community Development Department
STATE OF CALIFORNIA)
COUNTY OF ORANG~ )
CITY OF TUSTIN )
I, DONNA ORR, the undersigned, hereby certify that I am the Recording
Secretary of the Planning Commis$ign Of_the City of Tustin,
Californi~ that Resolution No. ~~was duly passed and adopted _att/
a reg l~fme~ting*~ of the Tusti~%lanning Commission, held on the
DONNA ORR '"
Recording Secret~ry