HomeMy WebLinkAboutPC RES 2148RESOLUTION N0. 2i,~
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL
USE PERMIT N0. 84-5 TO AUTHORIZE THE DEVELOPMENT
AND USE OF A 156-UNIT CONDOMINIUM PROJECT AT 14901
NEWPORT AVENUE AND TO VARY FROM THE OPEN SPACE
PROVISION OF THE PLANNED DEVELOPMENT ZONE DISTRICT
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
1. That a proper application (Use Permit 84-5) was filed by The
Robert P. Warmington Company requesting authorization to
develop a 156-unit condominium project at the southerly
terminus of Newport Avenue and to vary from the open space
provisions of the Planned Development Zone District.
2. That a public hearing was duly called, noticed and held on
said application.
3. 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 as evidenced by the following findings:
a. The proposed activity is in compliance with the use
restrictions and application procedures of the City Code
Section 9244d.1., 9291 and 9292;
b. The project is in conformance with the intent of the
City's development standards.
4. That 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 granted.
5. Proposed development shall be in accordance with the
development policies adopted by the City Council, Uniform
Building Codes as administered by the Building Official, Fire
Code as administered by the Orange County Fire Marshal and
street improvement requirements as administered by the City
Engineer.
6. That because of special circumstances applicable to the
subject property, relative to size, shape, topography,
location or surroundings, a strict application of the Zoning
Ordinance is found to deprive subject property of privileges
enjoyed by other property in the vicinity and under identical
zone classification, evidenced by the following findings:
Resolution No. X148
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a. The use is in conformance with the land use element of the
Tustin Area General Plan.
b. The noise impact on the site and environmental studies to
reduce the noise in open space areas has resulted in a
design of clustered buildings with an extended surrounding
parking area. This design greatly increased lot coverage
as defined in the Planned Development District.
7. 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.
8. The filing of a Negative Declaration with mitigating measures
is hereby approved incorporating the recommendations of
consulting acoustical engineers, Engineering Sciences, Inc.
9. The proposed development shall be in accordance with the
development policies adopted by the City Council, Uniform
Building Code as administered by the Building Official, Fire
Code as administered by the Orange County Fire Marshal and
street improvement requirements as administered by the City
Engineer.
10. Final development plans shall be reviewed and approved by the
Planning Commission and Community Development Department.
II. The Planning Commission hereby grants Conditional Use Permit No.
84-5, subject to the following conditions:
1. 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.
2. A landscape and irrigation plan approved by the State
Department of Transporation shall be submitted for staff
approval prior to landscaping the Costa Mesa Freeway
embankment as indicated on the approved project site plan. A
written commitment from Caltrans shall be submitted providing
for the long-term maintenance of the freeway embankment. If
such commitment cannot be obtained, the condominium homeowners
association shall be responsible for the embankment
maintenance as provided in their recorded CC&R's.
Resolution No ~tA~8
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3. Included with this use permit is the proposed use of
adjoining privately held property and the Costa Mesa Freeway
embankment for landscape and open space purposes. Since
portions of the aforementioned areas are not located within
the limits of the City of Tustin, written authorization shall
be provided the City of Tustin from the responsible agency
certifying conformance with applicable zoning regulations for
the proposed property use, prior to issuance of any City
Building Permits for the subject condominium project.
Additionally, the project applicant shall initiate on behalf
of the City of Tustin a jurisdictional reorganization
application with the County Local Agency Formation Commission
and pay all necessary processing fees. The City boundary
line between the cities of Tustin and Santa Ana shall be
re-aligned coterminus with the edge of pavement along the
southerly side of the Newport Freeway.
4. The final site plan fully dimensioned and detailed along with
the final building elevations fully dimensioned and detailed,
shall be submitted for Planning Commission final approval
including consideration of the final color scheme and
architectural treatment of all building exteriors.
5. All open dirt areas of future phases shall be maintained free
of weeds, building materials and debris during construction
of the project. Dust retardant or seeding with grass shall
be utilized to prevent airborne dust and soil erosion.
6. The final site, architectural and landscaping plans shall be
submitted for review and approval by the Planning Commission
shall be consistent with the illustrative site plan prepared
and submitted by Hogan, Ray Partners, Inc. for Planning
Commisson review. All amenities shall be substantially
constructed including pools, spas, patioes and clubhouse
landscape and driveway pavement treatments shall also be
constructed as indicated and an expanded driveway
re-alignment shall be incorporated to allow for more open
space .within interior open space area.
7. Should security access gates be installed, all units shall be
properly wired to provide communication from the guard house
to each unit.
8. 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&R's concerning this condition shall
require approval by the City of Tustin.
9. Due to the minimal number of project parking spaces to
promote usage of single car garages for the storage of
automobiles and not for storage or conversion to living
Resolution No. 1148
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quarters, garage door openers shall be installed on all
garage doors.
10. The CC&R's and the Final Department of Real Estate report
shall contain disclosure statements concerning the following
matters:
a. potential Newport Avenue grade crossing to Edinger
Avenue;
b. potential noise impacts from high speed commuter trains
on the railroad tracks adjacent to the site;
c. noise impacts from existing Costa Mesa Freeway potential
increases in Newport Avenue road traffic;
d. future buyers shall be made aware of the City's plans to
either extend Newport southerly to Edinger Street with an
at-grade crossing of the railroad tracks or with a grade
separation above the tracks (approximately 22 feet above
existing ground level).
11. 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 for approval by the Planning Commission. Such
mitigation measures may include construction of sound
attenuation walls, increases in the quantity of structural
insulation and reduction of exposed glazing.
Noise attenuation measures shall be incorporated into the
construction drawings as indicated in Figure 1 and in the
body of this Use Permit No. 84-5 report. Evidence of
complying with value of Sound Transmission Class (STC) as
indicated on Figure 1 (plot plan) shall be required of the
developer upon the submittal of plan check drawings to the
City Building Department.
12. All work within the pubic right-of-way will require a permit
from the City of Tustin Engineering Department.
13. Sanitation District, Water District, new development taxes
and parkland dedication fees are to be paid to building
permit issuance as follows:
a. East Orange County Water District fees in the amount of
$500.00 per unit;
b. County Sanitation District fees in the amount of $250.00
per unit;
c. New development tax fees in the amount of $73,800;
d. Parkland dedication fees in the amount of $39,000.
14. The final site plan shall be standardized and reflect all
appropriate City standard drawing numbers. The developer
shall construct all missing or damaged street improvements
Resolution No. c148
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adjoining said development per the City of Tustin "Minimum
Design Standards of Public Works" and "Street Improvement
Standards". This work shall consist of but is not limited
to:
a. curbs and gutters;
b. sidewalks;
c. drive aprons;
d. street pavement;
e. street trees;
f. street lights; and
g. sanitary sewer facilities.
15. The entry drive shall be revised to conform to City of Tustin
Standard Plan No. 108E. This radius type drive requires
dedication of additional right-of-way as shown on said
Standard Plan.
16. Continuous 6" concrete curbs shall be provided to separate
landscape planters from parking spaces and drive aisles.
17. All roof equipment and vents must be screened from view to
the satisfaction of City Staff.
18. All signs must be approved by the Planning Department prior
to permit issuance.
19. Separate permits are required for plumbing, electrical,
grading, signing and any work performed within the public
right-of-way.
20. A looped domestic water system and easements shall be
provided per the requirements of the City Engineer. If this
water system is phased, the first phase shall be sized for a
dead end system.
A minimum of 4-5 water meters will be required depending on
the building and plumbing layout.
Separate meter(s) will be required for the landscape
irrigation system.
21. The developer shall provide the City with a construction
schedule of project phasing which will include the following:
a. time schedule for the anticipated commencement and
completion of each phase;
b. 1 i st of al l community faci 1 i ti es to be completed i n each
phase. Each phase must satisfy all zoning, building and
safety requirements and said requirements must be
completed prior to final release of any structure.
Resolution No. X148
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c. Construction program will insure the health, safety and
comfort of those residents occupying the initial phases
and adjoining parcels while construction work continues
on the site.
22. All required public improvements and Newport Avenue setback
landscaping shall be completed prior to the release of
occupancy for Phase I.
23. During all phases of construction, the project shall
institute accepted grading measures to control sedimentation
runoff into the upper Newport Bay drainage area.
24. The trash receptacle locations appear to provide adequate
maneuverability for the refuse disposal truck. The developer
shall provide the City a letter from S.C.A. Disposal Service
approving the locations and their ability to service the
development.
25. Tentative and Final tract maps must be submitted for review
and approval.
26. Dedication of all street right-of-way along Newport Avenue as
required by the City Engineer.
27. Dedication of all access rights to Newport Avenue to the City
except at driveway openings per the approved site plan and/or
temporary access during construction.
28. Preparation of a final grading plan for review and approval
by the City.
29. Annexation of the entire parcel to the Orange County Street
Lighting and Maintenance District. Subject annexation papers
must be provided to the City prior to final approval of final
tract map.
30. Installation of marbelite street lights with underground
conduit along Newport Avenue as required by the City Engineer
along with the payment of the installation charges to the
City of Tustin.
31. Grading plans and soils report by state registered civil
engineer are required.
32. Indicate the building data on the plans to be as follows:
Use or occupancy - R-1
Type of construction -Type V-1HR
33. Check and show all allowable areas of the buildings per
Chapter 5 of the UBC and the protection of openings between
buildings.
Resolution No. c148
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34. Revise plans to show floors above the second story shall have
no less than two exits pursuant to Section 3302 of UBC.
35. Prior to the completion of an application for building
permits for combustible construction, evidence that a water
supply for fire protection is available shall be submitted to
the County Fire Marshal.
36. Entrance shall be designed to permit emergency vehicle
operators to negotiate turn for entering and exiting in one
motion.
37. To facilitate adequate maneuvering area for the five visitor
spaces at the main entrance, the driveways shall be enlarged
to 25' by reduction of the width of the median planter.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission held on the 12th day of March, 1984.
~.
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Recording Secretary
--- ~„::aif , i , ,.
James B. Sharp, C~~hairman
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
I, JANET RESTER, the undersigned, hereby certify that I am the
Recording Secretary of the Planning Commission o the City of
Tustin, California; that Resolution No. ~ ~ was duly
passed and adopted at a regular meeting o t e ustin Plannin
Commission, hel d on the ~ day of `~Q~.,~1 ~ 19~•
anet ester
Tustin Planning Commission Secretary