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RESOLUTION NO. 2113
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL
USE PERMIT NO. 83-16 TO AUTHORIZE THE DEVELOPMENT
AND USE OF A 161-UNIT RESIDENTIAL 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 ~esolve as
follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application, (Use Permit 83-16), has
been filed on behalf of Pacific Coast Builders to
request authorization to develop a 161-unit condominium
project at the southerly terminus of Newport Avenue and
to vary from the open space provisions of the Planned
Development Zone Di strict.
B. That a public hearing was duly called, noticed and
held on said application.
C. The Planning Commission hereby makes the following
findings of fact:
1. 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 City' 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 in
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.
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
1979 Uniform Building Code, as adopted by Ordinance
No. 835.
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Resolution No. ,'113
September 12, 1983
Page 2
4. The fil tng of a Negative Decl aratt on with miti gating
measures is hereby approved incorporating the
recon~nendations of two consulting acoustical
engineers, Gorden Bricken and Associates and
Engineering Sciences, Inc.
5. 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.
6. 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. 83-16, 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 Transportation shall be submitted for
staff approval prior to landscaping the Costa Mesa
Freeway embankment as indicated on the approved project
site plan. A written committment from Caltrans shall be
submitted providing for the long term maintenance of the
freeway embankment. If such commitment cannot be
obtained, the condominium homeowner's association shall
be responsible for the embankment maintenance as
provided in their recorded Covenants, Conditions and
Restrictions (CC & R's).
3. Included within 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 located within the City of Santa Aha, written
authorization shall be provided the City of Tustin from
the City of Santa Ana certifying conformance with Santa
Ana zoning regulations for the proposed property use,
prior to issuance of any City Building Permits for the
subject condominium project. Additionally, the project
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Resol uti on No. 2113
September 12, 1983
Page 3
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 Aha shall be
realigned coterminius with the edge of pavement along
the southerly side of the Newport Freeway.
4. Consideration shall be given to providing additional
off-street guest parking. The applicant shall submit
for staff approval a modified site plan providing the
maximum number of additional spaces the site can
accomodate without reducing interior open space between
the buildings. The final site plan fully dimensioned
'and detailed along with final building elevations and
preliminary landscape plan 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 weed, building material and debris free
during construction of this project. Dust retardant or
seeding with grass shall be utilized to prevent airborne
dust and soil erosion.
6. The final site plan submitted for review and
approval by the Planning Commission shall be consistent
with the illustrative site plan prepared and submitted
by Cardoza Dilallo Associates, Inc. as reviewed by the
Planning Commission. All amenities shown shall be
substantially constructed including pools, spas,
volleyball courts and clubhouse. Landscape and driveway
pavement treatments shall also be constructed as
indicated and an expanded driveway realignment 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 and that a turnaround area
shall be provided between the guard house or entrance
device and any future gate location to prevent the
stacking of vehicles should they be rejected entry into
the faci 1 i ty.
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 conditions shall require approval by the
City of Tustin.
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Resolution No. 2113
September 12, 1983
Page 4
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 spaces, 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 fol 1 owing 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 site.
C. Noise impacts from existing Costa Mesa Freeway
and potential increases in Newport Avenue road
traffic.
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. 83-16 report.
Evidence of complying with value of Sound Transmission
Classes (STC) as indicated on Figure 1 shall be
required of the developer upon submittal of plan check
drawings to the City Bull ding Department.
12. All work within the public right-of-way will
requi re a permit from the City of Tusti n Engineering
Department.
13. Sanitation District Water District, new development
taxes, and parkland dedication fees are to be paid
prior to bull ding permit issuance.
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 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:
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Resolution No. 2113
September 12, 1983
Page 5
a. curbs and gutters
b. sidewalks
c. drive aprons
d. street pavement
e. street trees
f. street lights
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 P1 an.
16. Cont-inuous 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
ri ght-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
deadend 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
i rri gati on 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. List of all community facilities to be completed in 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.
c. Construction program which will insure the health, safety
and comfort of those residents occupying the initial
phases while construction work continues on the site.
22. All required public improvements and Newport Avenue
setback landscaping shall be completed prior to the release
for occupancy of phase one.
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Resolution No. 2113
September 12, 1983
Page 6
23. During all phases of construction the project shall
institute accepted grading measures to control
sedimentation runoff into the Upper Newport Bay drainage
area.
PASSED AND ADOPTED at a regu.lar meeting of th~ Planning Commission,
' .
City of Tustin held on the 12th day of September, 1983.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, JANET HESTER, 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 at a regular meeting o~tkie. Tustin Plannin~q__
Commission, held on the _~ day of- ~]~/~.Z~, 19~.
Janet Hesteh
Tustin Planning Commission