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Home My WebLink AboutPC RES 1837,] 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 2! 22 24 25 26 27 28 29 30 52 RESOLUTION NO. 1837 A RESOLUTION OF THE PLANNING AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING USE PERMIT 79-23 FOR CONDOMINIUM CONVERSION OF TUSTI ACRES APARTMENTS. ~ION OF TUSTIN ACRES APARTMENTS. The Planning Agency of the City of Tustin does hereby resolve as follows: I. The Planning Agency finds and determines: A. That a proper use permit (Use Permit No. 79-23) application has been filed by C.E.L.S. Corporation on behalf of Tustin Investors for the condominium conversion of the T~stin Acres Apartments at 634 through 6~ First Street and 631 through 677 Sixth Street, on the property'being a portion of Lots P and W of the Stafford and Tustin Tract, as shown on a map recorded in Book 2, pages 618 and 619 of Miscellaneous Records, records of Los Angeles County, California, in the city of Tustin, coumty of Orange, state of Cali forni a; B. ~aat a public hearing was duly called, noticed and held on said .application; C. ~nat 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, evidenced by the following findings: ' t. That said development is in conformance with Land Use and Housing Element of the Tustin Area General Plan. 2. That said development is in conformance with the Planned De- velopment (PD) standards of the Zoning Ordinance; D. That the establishment, maintenance and operation of the use applied for will not be injurious or detrimental to the property and im- proveme, nts in the neighborhood of the subject property, nor to t2-.e general welfare of the city of Tustin, and should be granted; E. 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 Orange County Fire Marshal, and street improvement requirements as administered by the City Engineer; F. That the development is categorically exempt from the requirements of the California Environmental Quality Act; G. ' Final development plans shall require the review and approval of the Community Development Department. II. The Plannin9 Agency hereby grants a Conditional Use Permit, as applied for, to authorize the conversion of 180 apartment units to 180 condo- minium units, subject to the following conditions: A. That a tentative tract map and final tract map shall be submitted to, and approved by, the City for recordation. B. That covenants, conditions, and restrictions shall be submitted for review and approval by the City Attorney which shall contain: 1. The formation of a "Community Association" to provide for the maintenance of the common area. 1 2 4 5 6 8 9 10 11 12 14 15 !6 17 18 Resolution No. 1837 page 2. 2. Disclosure of management agreements, maintenance provisions, access for emergency repairs, easements, etc. so future pur- chasers will be aware of some problems 'which might occur. 3. Disclosure to future owners of the possibility of the City prohibiting parking along Main Street and of the State Depart- ment of Transportation studies to expand the ad}acent freeway interchange. C. That the property owner shall offer an irrevocable offer of dedi- cation for a 10' wide portion of land along the entire Main Street:-. frontage of the property including the area adjacent to the slope of the overpass of the State Highway 55. D. That it shall be the responsibility of the developer all work on the Sixth Street cul-de-sac revision with the affected owners, prepare all street dedication documents and improvement drawings o E. That the developer shall have a civil engineer revise existing im. provement plans for Main Street and Sixth Street to show the con,ruction of and shall construct all missing or damaged street i~_rove~nt adjacent to said development per the City of Tustin "?.'~nim. um Design Standards of Public Works" and "Street Improvement Standards" that shall cOntain: ' A detailed grading plan, showing the disposition of all drain- age, shall be submitted for review ~nd approval. 2. Ar.nstallation of Marbelite street lights and underground conduit will be required on both the Main Street and Sixth Street frontages. 3. -~y missing or damaged street improvements, including, but not limited to the following, will be required: a. curb and gutter b. sidewalk c. drive aprons street trees ~A 22 25 26 27 28 29 30 31 F. Ail public improvements to be constructed in conjunction with this development shall be completed prior to the final inspection and release by the Building Department. G. That a perpetual easement shall be provided for all utilities (sewer, water, t~lephone, gas, electricity, heating, and air conditioning, etc. ). H. That a reloCation/purchase plan to'benefit existing residents'.shali be enacted as reviewed and approved by. the Planning Agency, .' which shall include: · 1. That-~he existing tenants be notified of the proposed conversion to condominium' units and a relocation program be prepared by th~ deVeloper and approval by the Planning Agency. 2. That all current residents of the existing apartment units shall be given the first option to purchase the unit they are rentinq and ~that-the unit will be offered at a discount from the price offered to the general public. 3. That the residents will be given at least a 120-day notice of 1 2 5 6 8 9 10 !1 12 14 15 16 17 18 21 ,, 22 2~ 2§ 2~ 27 28 2~ ~0 ~2 Resolution No. 1837 page 3. · th~ i~t~nt to convert the units to condominiums from the date of Use Permit approval.· ":' 4. That one month free rent shall be offered to those residents not purchasing units. I. That the structures and grounds be rehabilitated as-necessary for appearance and to conform with appropriate development ordinances and regulations and none shall be sold in an "as i~" condition ' '-'- ' -'.~. ?-~:':.."1 I J. That the condommnmum conversion shall comply wzth the requxrements and intent of the development regulations and code requirements as ..<i,... ':'"! adopted by the City of Tustin, including but not limited to the ' .u.,..:~.2~:'~'' '~, following: . .?~. 1. Sound attenuation be provided in a manner specified by an -... acoustical engineer as approved by the Building Official to satisfy the intent of Chapter 35 of the Uniform Buil~_ng Code 1976 Edition and of California Administrative COde Title 25, ~n'apter 1, SubchaPter 1, Article 4, Section 1092. Exterior freeway noise shall be attentuated to 45 dBA inside the units- 2. Compliance with the Security Ordinance to provide deadbolt lod<s, window locks, security lighting and those other items rec_uired by staff to meet the intent of the ordinance. .. 3. One-hour rated fire walls shall be provided between units ~nd compliance with all Fire Marshal's requirements to meet fire safety standards. Fire detection devices shall be pro- vided for all units and residential fire sprinkler system for t_hose units as directed by the Fire Marshal. 4. Electrical system shall be inspected and upgraded if determined necessary by the Building Official. 5. Compliance with City Sign Code. 6. That all roofs shall be repaired to conform with moisture protection provisions of the Uniform Building Code. That all-weather roads shall be provided within 500' of each building ~nd s~ha!l be maintained by a homeowner's association- L. ~.at a minimxnn of 384 parking spaces shall be provided in conform~n6e- with existing development standards and maintained by a homeowner's. as s o ciat ion. M. That no patio covers or exterior additions to any unit can b~ added due to the existing maximum lot coverage- This provision shall be included in the CC&Rs. N. That a fire sprinkler system shall be provided in the parking ~ structure, as required by the Uniform Fire Code. O. No unit shall be granted occupancy permit and no sale or escrow shall close until all final inspections have been approved in each unit. 1 2 5 6 ? 8 9 10 1! 12 14 15 16 18 Resolution No. 1837 page 4. PASSED AND ADOPTED ~t held on 'the 20th day of August, 1979. M.I. Mehl Recording 'Secretary a regular,~meeting of the Tustin Planning Agency, Stephen L. Schuster Chairman ~9 2O 2! 22 24 25 26 27 28 29 5O 51 52 STATE OF CALIFORNIA ) COUNTY OF ORA~NGE ) CITY OF TUSTIN ) I, MADELINE I. MEHL, the undersigned, hereby certify that I am the Recording Secretary of the Planning Agency of the City of Tustin, California; that the foregoing Resolution was duly passed and adopted at a regular ~eting of the Planning Agency,held on the~~ day of ~~,~ ~ 7_/_~. - ' - -~' , Madeline i. Mehl PLANNING AGENCY RECORDING SECRETARY