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HomeMy WebLinkAboutPH 1 Z.C. 93-003 08-02-93AGENDA_..__ PUBLIC-HEARING_NO.:t -. 8-2-93 Inter-Com DATE: AUGUST 2, 1993 TO' WILLIAM A. HUSTON, CITY MANAGER FROM' COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: ZONE CHANGE 93-003 (APPLICANT: TUSTIN VILLAGE COMMUNITY ASSOCIATION) RECOMMENDATION It is recommended that the City Council have first reading by title only and introduction of Ordinance No. 1114, approving Zone Change 93-003. FISCAL IMPACT There are no fiscal impacts associated with this zone change request as this is an applicant initiated project and requires no physical changes to the land. BACKGROUND On July 26, 1993, the Planning Commission adopted Resolution No. 3160 recommending to the City Council approval of Zone Change 93- 003 to change the zoning on'the subject property from Multiple Family Residential (R-3) to Planned Development (PD) (Attachment A). As a related project, the Planning Commission also adopted Resolution No. 3154 authorizing Conditional Use Permit 93-019, to construct 13 garages and eight open parking spaces on a vacant parcel adjacent to the Tustin Village condominium development complex at 15500 Tustin Village Way. The garages and parking spaces would replace parking removed due to a Cal~rans acquisition. The vacant parcel is currently zoned Multiple Family Residential (R-3) and the condominium development is zoned Planned Development (PD). In order to accommodate the proposed improvements, the vacant parcel would need to be rezoned to the PD District tc be consistent with the zoning of the condominium complex. Approval of Conditional Use Permit 93-019 is contingent upon City Council approval of Zone Change 93-003 to rezone the vacant parcel to PD. City Council Report Zone Change 93-003 August 2, 1993 Page 2 Adjacent uses to the existing condominium complex include the Costa Mesa Freeway to the north and east of the project, multiple family residential zoned R-3 to the south and east with a mobile home park to the northwest. Uses adjacent to the vacant parcel are the Costa Mesa Freeway to the east, an existing apartment complex (R-3) to the south and the west and the subject condominium complex (PD) to the north of the site. A public hearing notice identifying the time, date and location of the public hearing on this project was published in the Tustin News. Property owners within 300 feet of the site were notified of the hearing by mail and notices were posted on the site, at the Senior Center and at the Tustin Police Department. The applicant was informed of the availability of the staff report for this project. DISCUSSION The vacant parcel is currently zoned R-3. As the subject condominium development is zoned PD, and the vacant lot would be developed as an accessory use to the condominium complex, the parcel should be rezoned PD to be consistent with the condominium complex. The R-3 and ~the PD zoning districts are very similar in character. Permitted land uses in the R-3 include single family dwellings, duplexes and apartment houses. The Code also lists a variety of residential uses for the PD zone, all of which are subject to a. conditional use permit. Land uses in the PD zone include condominiums, apartment houses, stock cooperatives and accessory buildings. The subject garages would be considered accessory buildings, and as such, would be permitted, subject to the discretionary approval of the Planning Commission ~hrough the Conditional Use Permit process. Rezoning the R-3 parcel to PD would create a more logical zoning pattern than creating a development project with two zoning designations. Such a rezoning would be consistent with the General Plan as the parcel currently maintains a General Plan Land Use designation of Multiple Family (MF). Please refer to %he July 26, 1993 Planning Commission staff report (Attachment B) fcr additional discussion related to the physical improvements approved by the Planning Commission for the property. City Council Report Zone Change 93'003 August 2, 1993 Page 3 CONCLUSION Based upon staff's review of the subject requests, the proposed Zone Change would allow for consistent zoning designations between the existing condominium complex and the adjacent vacant parcel. It is recommended that the City Council approve Zone Change 93-003 and have first reading and introduction of Ordinance No. 1114, as submitted or revised. Assistant Planner Attachments: Location Map Attachment A - Planning Commission Resolution No. 3160 Attachment B - July 26, 1993 Planning Commission Report City Council Ordinance 1114 site LOCATION MAP.,,.~ / , ;' LORELEI ! ! HEIDEI~t,i~N \ '5t, 52 15701 15~0 NO SCALE 5 6 7 $ 10 11 14 .5 16 17 18 19 20 :21 22 28 RESOLUTION NO. 3160 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE 93- 003 TO CHANGE THE ZONING DESIGNATION OF THE PARCEL IDENTIFIED AS ASSESSOR PARCEL NO. 402- 261-02 FROM MULTIPLE FAMILY RESIDENTIAL (R-3) TO ~PLA~NED DEVELOPMENT (PD) The Planning Commission of the City of Tustin does hereby resolve as follows: I · The Planning Commission finds and determines as follows: A· That an application has been filed by Tustin Village Community Association, re.questing approval of Zone Change- 93-003 to change the zoning designation of the vacant parcel identified as Assessor Parcel No. 402-261-02 from MultiPle Family Residential (R-3) District to Planned Development (PD) District. Be Ce That a public hearing was duly notice, called and held on said application on July 26, 1993 by the Planning Commission. ' This project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15305 .(Class 5). De The proposed Zone Change 93-003 would provide consistent zoning between an existinq condominium complex and the a~ja6ent vacant parcel, which is proposed to be developed for .accessory buildings and incoprorated into the "~ndominium complex. The proposed Zone Change 93-003 would create a logical zoning pattern for a development site tkat incorporates two legal parcels, as botk parcels would have indentical zonin~ designations. E. Proposed Zone Change 93-003 would be consistent with all elements of General Plan, including the Land Use Element designating the site as Multiple Family (MF). II. The Planning Commission hereby recommends to ~he City Council approval of Zone Change 93-003, changing the Zoning Designation of the vacan5 Attachment A 1 2 3 4 5 6 7 8~ 10 11 115 16 17 18 ~0 ~2 ~7 ~8 Planning Commission Resolution ~o. 3160 Page 2 parcel identified as Assessor Parcel No. 402-261-02 from Multiple Family Residential (R-3) District to P~anned Deyelopment .(PD) District, as shown in the att%ched EXhibit A~' PASSED AND ADOPTED by the Planning Commission of the City of TUstin at a regular meeting held on the 26th day of July 1993. KATHLEEN CLANCY Recor.ding Secretar STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY the undersigned, hereby certify that I am the Recording Secretary of the Pl-anning Commission of the City of Tustin, California; that Resolution No. was duly passed and adopted.~ at a regular meeting of the Tustin Planning Commission, ~eld on the 26th day of July, 1993. KATHLEEN CLANCY Recording Secretary Zone Change 93-003 Assessor Parcel No. 402-261-02 · ZONING CLASSIFICATION: · , existing- Multiple Famay Residential (R-3) proposed- Planned Development (PD) 7'/J57'IN 15.500 Tustin Village ..~ MHP NO SCALE ITEM ~4 eport to the ianning Commission DATE'. SUBJECT: JULY 26, 1993 ZONE CHANGE 93-003, CONDITIONAL USE PERMIT 93-019 APPLICANT/ LANDOWNER · . TUSTIN VILLAGE COMMUNITY ASSOCIATION 15500 TUSTIN VILLAGE WAY TUSTIN, CA 92680 AGENT: JAMES F. WHALEY 3198 D. AIRPORT LOOP COSTA MESA, CA. 92626 LOCATION: ZONING: ENVIRONMENTAL STATUS: 15500 TUSTIN VILLAGE WAY PLANNED DEVELOPMENT (PD) DISTRICT MULTIPLE FAMILY RESIDENTIAL (R-3) THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3 AND 5) PURSUANT TO THE PROVISIONS OF SECTIONS 15303 A/TD 15305 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: 1. ZONE CHANGE OF A PARCEL CURRENTLY ZONED MULTIPLE FAMILY RESIDENTIAL (R-3) DISTRICT TO PLANNED DEVELOPMENT (PD) DISTRICT; AND · AUTHORIZATION TO CONSTRUCT 13 NEW GARAGES TO REPLACE 13 REQUIRED COVERED PARKING SPACES REMOVED DUE TO A CALTRANS ACQUISITION; AND TO CONSTRUCT A NEW LAUNDRY FACILITY, POOL FACILITIES AND IMPROVEMENTS RECOM/~ENDATION It is recommended that the Planning Commission take the following actions: · Recommend to the City Council approval of Zone Change 93-003 by adopting Resolution No. 3160, as submitted or revised. · Approve Conditional Use Permit 93-019 by adopting Resolution No. 3154, as submitted or revised. Attachment B Planning Commission Report Conditional Use Permit 92-019 ~July 26, 1993 Page 2 BACKGROUND The applicant proposes construction of a number of site alterations on their 7.25 acre, existing 118 unit condominium development as well as on an immediately adjacent 0.2 acre parcel south of their existing site. Said improvements are necessary due to a Caltrans acquisition. The easterly boundary of the existing condominium development will be substantially altered by a pending acquisition by Caltrans for widening of the Costa Mesa (55) Freeway, which will remove approximately 4,325 square feet (.099 acres) of property from the existing site. Thirteen.carports, the laundry room, the trash enclosure, existing trees, and approximately 18 open parking spaces will be removed to provide adequate circulation for the condominium complex.~ The applicant proposes to construct thirteen attached garages on a vacant parcel owned by the condominium homeowners association adjacent to the condominium complex; .to restripe some existing parking on the existing site; and to construct laundry, pool and trash facilities for the condominium complex. In order to accommodate the proposed improvements, the vacant parcel would need to be rezoned to the Planned Development (PD) District to be consistent with the existing PD zoning the condominium complex. Pursuant to the requirements of the PD Standards, a conditional use permit (63-149) was approved by the Planning Commission to authorize construction of the original condominium project. Therefore, to modify the site plan and additional land area for the original condominium development, Conditional Use Permit 63-149 must be amended. Furthermore, PD regulations require that a conditional use permit be obtained to construct accessory buildings, such as the requested additional garages, laundry and pool facilities. Adjacent uses to the existing condominium complex'include the Costa Mesa Freeway to the north and east of the project, multiple family residential zoned R-3 to the south and east with a mobile home park to the northwest. Uses adjacent to the vacant parcel are the Costa Mesa Freeway to the east, an existing apartment complex ~R-3) to the south and the west, and the subject condominium complex (PD) to the north of the site. Planning Commission Report Conditional Use Permit 92-019 July 26, 1993 Page 3 A public hea~ing notice identifying the time, date and location of the public hearing on this project was published in the Tustin News. Property owners within 300 feet of the site were notified of the hearing by mail and notices were posted on the site, at the Senior Center and at the Tustin Police Department. The applicant was informed of the availability of the staff report for this project. DISCUSSION Zone Change The applicant is requesting to construct thirteen garages on a 0.2 acre, vacant parcel located south of the existing condominium development site. The garages would be considered accessory to the .condominium complex as the purpose would be to provide required covered parking spaces for the condominium units. The Tustin City Code, Section 9297, defines accessory buildings as "a subordinate building including shelters, or pools, the use of which is incidental to that of the main building on the same lot and/or building site". Pursuant to this definition, the garages would be required to be located on the same lot as the condominiums to which the garages would be accessory. As the condominium lot and the vacant lot are under the same ownership,' the applicant could record a Covenant to Hold as One, thus allowing the accessory structures to be permitted in conjunction with the condominium complex. Condition of approval 1.8 has been included requiring the property owner to record a covenant requiring that the two parcels be held in single ownership. The vacant parcel is currently zoned Multiple Family Residential (R-3). As the subject condominium development is zoned Planned Development (PD), and the vacant lot would be developed as an accessory use to the condominium complex, the parcel should be rezoned PD to be consistent with the condominium complex. The R-3 and the PD zoning districts are very similar in character. Permitted land uses in the R-3 include single family dwellings, duplexes and apartment houses. The Code also lists a variety of residential uses for the PD zone, all of which are subject to a conditional use permit. Land uses in the PD zone include condominiums, apartment houses, stock cooperatives and accessory buildings. The subject garages would be considered accessory buildings, and as such, would be permitted, subject to the discretionary approval of the Planning Commission. Rezoning the R-3 parcel to PD would create a more logical zoning pattern than creating a development project %:~Kh ~c zcning Planning Commission Report Conditional Use Permit 92-019 July 26, 1993 Page 4 designations. ~uch a rezoning would be consistent with the'General Plan as the parcel currently maintains a General Plan Land Use designation of Multiple Family (MF). Site Improvements When the subject 118 unit condominium development was approved on July 22, 1963, the total off-street parking spaces required by the PD regulations were 1.5 spaces per unit, with at least one covered space per unit. With 179 carports originally provided for the project, all of the required parking space for the project were covered. Additionally, the condominium comp'lex developed 73 open parking spaces over and above the required parking requirements. The property is currently considered non-conforming pursuant to Tustin City Code Section 9273, since it does not meet the current PD standards. However, the non-conforming regulations of the Code state that non-conforming uses may not be extended or made more non-conforming, although non-conforming uses may be maintained, repaired or replaced so long as no greater non-conformity is created and such replacements do not exceed 50% of the assessed valuation of the use. The proposed improvements recommended by the applicant would not increase the non-conformity of the condominium complex as all covered parking spaces that are removed by the Caltrans Acquisition would be replaced. The applicant may enlarge the project area to provide required parking spaces as the proposed project should not exceed the 50% valuation criteria. Therefore, the complex is not required to confcrm to the current Code requirements, requiring two parking spaces per unit plus one guest space for every four units. The applicant is proposing to reduce the number of open parking spaces that are currently existing on the condominium project site by five spaces. However, the amount of open parking spaces proposed (68) actually exceed the number of open parking spaces that would be required by the current Code (30 spaces) by 38 spaces. Based on the constraints of the existing developed condominium development, and ~he impact of the SR-55 Freeway, the Community Deve!cpment Department has determined that it is not feasible to. crea-e additional open parking spaces. Further, the reduction of open parking s~aces ~'~om 72 to 68 spaces ~.~oUld not create a greater non-conformity, as the number of c]'en parking spaces provided by the proposed si~e plan would not be reduced to less than the a~ount required by the original development plans. Planning Commission Report Conditional Use Permit 92-019 July 26, 1993 Page 5 The followin~ table provides a summary of the amounts of parking required when the condominium complex was constructed in 1963, the amount of parking spaces required by the City Code currently, and the number of parking space that would be provided by the proposed modifications. PARKING TABLE 1963 KEQUI I~ED PARKING covered - 118 spaces open - 59 spaces Total spaces 177 1963 PARKING PROVIDED covered - 179 carports open - 73 spaces Total spaces 252 1993 PARKING PROPOSED covered - 179 (166 carports, 13 garages open ~ 68 spaces Total spaces 247 1993 PARKING REQUIRED covered - 236 spaces open - 30 spaces Total spaces 266 The proposed garages would be located along the east and west property lines of the 9,000 square foot undeveloped parcel located adjacent to the southeast corner of the existing development. Nine garages would be located on the west side and four garages would be located on the east side within six (6) feet of the new freeway soundwall. The soundwall would block view of garages from the SR- 55 freeway. The garage units would be accessed from a 27 feet wide driveway. The proposed garages would be a minimum of ten (10) feet wide and 20 feet deep, clear and unobstructed, as required by the City Code. The garages would be approximately 10.5 feet high and would be covered in off-white stucco with a dark brown fascia. The garage doors would be roll-up doors and would also be painted'off- white. The bac~ walls of the garages would be concrete block painted off-white. As graffiti tagging has been prevalent in the area of the proposed project, staff suggests that the Planning Commission include a condition of approval requiring that the applicant finish the rear walls of the garages with a protective graffiti resistant finish, in addition, staff recommends a condition of approval requiring that the homeowner's association be responsible to remDve all graffiti within 72 hours of a complaint being transmitted by the city to the property owner. The applicant also proposes to create eight (8) open parking spaces in the subject uacant parcel. One (1) open space would be along the west property line and seven (7) would be located along the east property line. Each space would meet the City's standard parking space dimension of 9 feet by 20 feet. The four garages Planning Commission Report Conditional Use Permit 92-019 July 26, 1993 Page 6 and the seven spaces adjacent to the new freeway wall would be setback six (6) feet from the property line to meet a required Caltrans easement. A gate would be placed adjacent to the north wall of the garage building to limit access on the six foot easement behind the garages. A condition of approval has been added to require that the area between garages and the soundwall, and the area between the garages and the property line on the west side of the vacant parcel be improved with gravel, filled to a minimum of four inches, to deter weeds from growing in these hard to reach areas. The remaining six foot easement area near the sound wall would be landscaped with three (3) Modesto Ash trees and 21 Photinia shrubs. Three Evergreen Pear, one Yew Pine, Compact Escolonia, Variegated Topira, Trailing Gazania, Lily of the Nile and Boston 'Ivy would complete the plant palette for the parking area. The applicant also proposes the replacement of the laundry facility and swimming pool facilities to provide a 27 foot minimum wide driveway around the condominium complex, consistent with Fire Department standards. The proposed 133 square foot laundry room would be located in the southwest corner of the pool area, although no access would be permitted from the laundry room to the pool. The pool restroom facilities would be approximately 117 square feet in area and would be located in the northeast portion of the pool enclosure. The architecture of the two buildings would be contemporary design but would be harmonious with the thirty year old condominium project. Design features such as exposed rafter tails, hipped and gabled roofs exaggerated roof vents and stucco would be utilized in the design, consistent with the existing buildings. Square glass blocks would also be used to allow light into the restroom facilities. The body of the buildings would be painted yellowish-tan with dark brown bases compatible with the existing buildings at the complex. The applicant proposes to construct a seven foot high split face concrete block wall around the east side of the pool, including the laundry room and restrooms. A trash enclosure would also be included in the modifications north of the pool. The trash enclosure is proposed to be 7 feet in height and would be split faced concrete block to match the wall around the pool. As the Tustin City Code limits the height of a concrete block wall to 6 feet-eight inches, a condition has been added to require that these proposed concrete block walls be a maximum of six feet - 8 inches in height. A wooden arbor is proposed for the openLng of the split faced concrete block wall that will be between the condominiums and the circulation area for .pedestrian access to the trash enclosure. Again, staff suggests that the Planning Commission include a condition of approval Planning Commission Report Conditional Use Permit 92-019 July 26, 1993 Page 7 requiring that the applicant finish all walls of the laundry and restroom facilities and concrete block walls which face the vehicular circulation area with a protective graffiti resistant finish. Landscaping in the area of the laundry facility, pool, facilities and trash enclosure would include three Canary Island Pines, four Brisbane Box trees and a combination of shrubs and vines including; Heavenly Bamboo, Lily of the Nile, India Hawthorne, Variegated Tobera, Boston Ivy, Compact Escalonia, and Sandankwa Viburnum. As Hedera Helix "english Ivy" is not included on the list of preferred plants in the City of Tustin, a condition of approval has been included to require that the plants be replaced with plants from the approved list. CONDITIONAL USE PERMIT In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the establishment of the requested modifications are detrimental to the health, safety, morals and general welfare of the persons residing in the neighborhood of the use or whether it would be injurious to property and improvements in the neighborhood. The proposed improvements are required to allow circulation to continue around the condominium complex and to provide adequate parking and accessory facilities for condominium owners after Caltrans has acquired a portion of the condominium complex property to widen the Costa Mesa Freeway. The proposed garages, laundry facility, pool facilities, and site improvements would meet all applicable Zoning Code an Uniform Building Code Requirements and would not be detrimental to the health, safety, morals and general welfare of the persons residing in the neighborhood nor would they be detrimental or injurious to improvements in the area. CONCLUSION Based upon staff's review of the subject requests, the prcposed Zone Change would allow for consistent zoning designations between the existing condominium comple>~ and the adjacent vacant~ parcel. A Conditional Use Permit can be justified as the request is not detrimental to the health, safety, morals or general welfare cf the persons residing in the neighborhood or the improvements in the neighborhood. It is recommended that the Planning Commission forward Zone Change 93-001 to the City Council ~i%h a Planning Commission Report Conditional Use Permit 92-019 July 26, 1993 Page 8 recommendation of approval by adopting Resolution No. 3160, as submitted or revised. Staff also recommends approval of Conditional Use Permit 93-019 by adopting ReSolution 3154 as submitted or revised. eck~ ~, s~ne Assistant Planner CA:BS:br:c~3019 Attachments - Location Map Community Development Site Plan and Elevations Resolution No. 3154 Resolution No. 3160 1 2 3 4 5 6 7 8 9 .10 11 12 ~13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1114 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ~PPROVING ZONE CHANGE 93-003 CHANGING THE ZONING DESIGNATION OF THE-PARCELIDENTIFIEDASASSESSOR PARCEL NO. 402-261-02 FROM MULTIPLE FAMILY RESIDENTIAL (R-3) TO PLANNED DEVELOPMENT (PD) The City Council of the City of Tustin does hereby ordain as follows: ae That an application has been filed by Tustin Village Community Association, requesting approval of Zone Change 93-003 to change the zoning designation of the vacant parcel identified as Assessor Parcel No. 402- 261-02 from Multiple Family Residential (R-3) District to Planned Development (PD) District. Be That a public hearing was duly noticed, called and held on said application on August 2, 1993 by the City Council. C~ This project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15305 (Class 5). D~ The proposed Zone Change 93-003 would provide consistent zoning between an existing condominium complex and the adjacent vacant parcel, which is proposed to be developed for accessory buildings and incorporated into the condominium complex. Ze The proposed Zone Change 93-003 would create a logical zoning pattern for a development site that incorporates two legal parcels, as both parcels would have identical zoning designation. F~ Proposed Zone Change 93-003 would be consistent with all elements of General Plan, including the Land Use Element designating the site as Multiple Family (MF). II. The City Council approves Zone Change 93-003 changing the Zoning Designation of the vacant parcel identified as Assessor Parcel No. 402-261-02 from Multiple Family Residential (R-3) District to Planned Development (PD) District, as shown in the attached Exhibit A. 1 2 $ 4 $ 6 ? 8 9 10 11 12 13 14 15 16 17 19 9.O 9.2 23 25 Ordinance No. 1114 Page 2 PASSED AND ADOPTED at a regular meeting of the City Council held on the 2nd day of August, 1993. JIM POTTS- MAYOR MARY E. WYNN CITY CLERK STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN CERTIFICATION FOR ORDINANCE NO. 1114 MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1114 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 2nd day of August, 1993, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: MARY E. WYNN, City Clerk 1114.ord Ordinance No. 1114 Zone Change 93-003 Assessor Parcel No. 402-261-02 ZONING CLASSIFICATION: · . ~' I,'. "~' .,, existing- Multiple Family Residential (R-O) proposed- Planned Development (PD) MHP I ... R3 . R3. 1500 1750 ~ (~, -- 15500 Tustin Village 'w~y NO SCALE