HomeMy WebLinkAboutPH 1 ORD 922 AMEND 1 05-06-85 DA PUBLIC HEARING
NO. 1
-~'- ~ - ~-~ 5-6-85
Inter- Corn
· : May 6, 1985 ~
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL
COFgqUNITY DEVELOPRENT DEPARTMENT
AHENDHENT NO. I TO ORDINANCE NO. 922
APPLICANT:
YUJI E. NAITO
141511LqiPONT AVENUE, SUITE 201
TUSTIN, CA
OWNER:
SHUNICHI gAITO
14151 NEWPORT AVENUE, SUITE 201
TUSTIN, CA
LOCATION: 17432-17442 MITCHELL AVENUE
ZONING: PLANNED COf~UNITY - RULTIPLE FAMILY (PC--HF)
ENV IRONHENTAL
STATUS: A NEGATIVE DECLARATION gAS PREVIOUSLY APPROVED FOR THIS PROJECT
,,, J
BACKGROUND:
On November 19, 1984 City Council adopted Ordinance No. 922 which changed the
zoning for the properties located at 17432 and 17442 Mitchell Avenue from R-3 -
2,000 Multiple Family Residential to PC-MF Planned Community Multiple Family.
The ordinance included a development plan (Exhibit "C") which set forth the
proposed land uses and standards of development for a 20 unit "Senior Citizen"
complex.
DEYELOPHENT PROPOSAL:
Another developer is now requesting authorization to amend the development plan
(Exhibit "C") which is a part of Ordinance No. 922. The project will remain a
Senior Citizen apartment complex wi th the same conditions of approval but the
site plan has been changed which places the buildings on the front part of the
property with the parking located behind the buildings. The front setback area
is shown as 8.7 feet and staff recommends that a 10 foot landscaped setback be
provided.
The exterior elevations as proposed show a stucco finish with wood trim and tile
roof. These elevations are an upgrade of what was shown at the previous public
hearing for the zone change.
Attached to this report is the original zone change report and ordinance.
City Council
May 6, 1985
page two
On Aprtl 22, 1985 the Planning Commission recommended approval of thts amendment
by the adoptton of Resolution No. 2222.
RECOI~E#DED ACTION:
M.O. that Ordinance No. 931 have first reading by title only.
M.O. that Ordinance No. 931 be introduced.
MARY AN,Nr/CHAMBERLAIN,
Assocfat~e Planner
MAC:do
attach:
PC Resolution No. 2222
CC Zone Change Report
Ord. 922
New Exhibit "C"
Ord. 931
Community Development Department
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RESOLUTION NO. 2222
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN RECOMMENDING APPROVAL OF AMENDMENT
# 1 TO ORDINANCE 922 FOR THE PROPERTY LOCATED AT
17432-17442 MITCHELL AVENUE.
The Planning Commission of the City of Tustin does
follows:
1. The Planning Commission finds and determines:
A.
hereby resolve as
That a proper application has been filed by Yugi Naito of
S.B.D. Developers to amend (#1} Ordinance No. 922 to allow a
change in the development plan, known as Exhibit 'lC"; for the
properties located at 17432 and 17442 Mitchell Avenue.
That the development plan hereby establishes an apartment
complex of 20 units for "Senior Citizens" of which 12 units
shall be rented at Fair Market Rates according to the Orange
County Housing Authority for a period of at least five years to
accommodate Section 8 Certificate holders.
II.
Ce
That this change as applied for will not under the circumstances
of this case be detrimental to the health, safety, morals and
general welfare of the commuinity and should be granted
evidenced by the following findings:
The intent of the PC-MF zone is to allow diversification of
land uses and accomodation of this unique housing
opportunity for senior citizens.
2. The project as proposed conforms with the provisions of
both the City's general plan and zoning ordinance.
The project may not be amended in any substantial fashion
without approval by the City's Planning Commission and City
Council.
De
That a Negative Declaration was previously approved for this
project. ~
The Planning Commisssion hereby recommends to the City Council
approval of Amendment #1 to Ordinance 922 which allows a change in
the development plan known as Exhibit "C" for the properties located
at 17432 and 17442 Mitchell Avenue subject to the following
conditions:
A. All conditions listed in Exhibit "A" of Ordinance 922 apply to
this project, except Condition No. 10.
B. The front landscaped setback area shall be a minimum of 10 feet.
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Resolution No. 2222
Page two
C. That any minor changes to the development plan (Exhibit "C") may
be amended by the Community Development Director.
.D.
The location of the trash receptacles shall be reviewed by Waste
Management Inc. for access by their refuse trucks with respect
to the dead-end driveway and a letter provided to the City
indicating approval or disapproval.
E. Any controlled entry access shall be approved .by the fire
marshal.
PASSED AND ADOPTED at a~c~ular me~ting of the Tustin Planning Commission
held on theg2~u~day
'Donna Orr,
Recording Secretary
Ronald H. White,
Chairman
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EXHIBIT
CONDITIONS OF APPROVAL
ZONE CHANGE 85-3
e
A final grading plan for the development
review and approval.
Street improvement plans for the Mitchell
to the parcels will be required. These street
include, but not be limited to the following items;
a. Curb and gutter;
b. Sidewalk;
c. Drive apron;
d. Street lights with underground conduit;
e. Street trees;
f. Sanitary sewer lateral;
g. Domestic water services;
shall be submitted for
Avenue frontage adjacent
improvements may
The proposed development is comprised of two parcels. Either a
parcel map must be filed to consolidate these two parcels into one,
or the execution and recordation of a "Covenant and Agreement" to
hold both parcels as one.
Payment of East Orange County Water District fees at the time a
building permit is issued in the amount of $500 per dwelling unit.
Payment of Orange County Sanitation District No. 7 sewer connection
fees at the time a building permit is issued in the amount of $250
per dwelling unit.
Dedication for street and utility purposes to the satisfaction of the
City Engineer.
Fire hydrants are required to be operational prior to combustible
construction.
8. Satisfy all code requirements of Chapter 12 of the 1979 Uniform
Building Code.
9. The second floor units will require two exits.
10. 6 foot 8 inch block wall where needed on the perimeter of the
property.
11. The final site plan and architectural building elevations including
colors and materials of construction shall be subject to the approval
of the Director of Community Development.
Exhibit "A"
Zone Change 85-3
page two
12.
13.
Covenants, conditions and restrictions shall be recorded on the
subject property limiting occupancy to tenants 55 years of age or
older. Also the CC & Rs shall prohibit conversion to any other form
of occupancy without the review and approval of the City of Tustin.
A landscape and irrigation plan shall be submitted for City staff
approval, and landscaping installed prior to occupancy of the subject
building.
14. All roof top mechanical equipment shall be screened from view.
~N~q.~lVd¥ gN3ZLL~
PUBLIC HEARINGS
NO. 3
FROM: COI~NI~ DEVELOPf4ENT DEPARTHENT
SUBJECT: ZONE CHANGE 84-6
APPLICAHT/
OWNERS:
LOCATZON:
ZONING:
ENVZRONMENTAL
STATUS:
REQUEST:
14ARK S. FERGUSEN
GILBERT AND ANITA FERGUSEN
BRIAN J. HANICINS DEVELOPERS, INC.
17432 ANO 17442 MITCHELL AVENUE
R-3 - 2,000 (MULTIPLE FAHILY RESIOEI[TIAL)
A I[GATTYE DECLARATION HAS BEEN APPLIED FOR TO CONFORM WITH THE
CALIFORNIA ENYZRONI[NTAL QUALITY ACT.
TO CHANGE THE ZONING FROM MULTIPLE-FAmILY RESIDENTIAL (R-3 -
Z,O00) TO PI. ANNE/) COI~4UNITY MULTIPLE-FAHIL¥ (PC-MF) AND ADOPT
A DEVELOPMENT PLAN PERMITING CONSTRUCTION ANO OPERATION OF A
SENIOR CITIZEN COMPLEX.
BACEGROUND: -
A change of zone has been requested for two properties on the south side of
Mitchell Avenue between Newport Avenue and South "B" Street. These properties
were annexed into the City in 1978 and pre-zoned (R-3 - 2,000) multiple-family
residential. At this time the applicant is requesting zoning entitlement to
specifically approve 20 units of apartments for senior housing only.
The actual processing of this project requires the following actions by the
Planning .Commission and CiLT Council:
A. Rezonlng of the property to (PC-MF) Planned Community Multiple Family.
B. Adoption of a development plan with it's associated conditions as part of
the zone change ordinance.
DEYELOPHENT PLAN:
The development plan submitted with this application proposes to construct 20
residential units for senior citizens, of which 12 units will be maintained at
Fair Market Rates for Section 8 certificate holders for a period of at least
five years. The remaining 8 units will be rented at Free Market Rates for
seniors only.
City Council Report
Zone Change 84-6
page two
The plans submitted which -include a site plan and building elevations are the
development plans necessary pursuant to the Planned Community Zone. For
approval of a planned community project, the developer must specify building
type, character, height of structure and its location to surrounding properties
and adjoining streets. Since the plan would become part of this zone change
ordinance, it is subject to both Planning Commission and Council approval and
cannot be modified without an amendment to the ordinance. In addition, final
development plans shall be recorded in the office' of the County Recorder.
SURROUNDING LAND USES:
The subject property is approximately t40 feet in width fropttng on the
southerly side of Mitchell Avenue with 16¢ feet of depth bounded by a single
family one-story dwelling on the west and. a self-service gasoline station and
parking lot ~o the east. Along the southerly property line are two-story
apartment structures.
Sill[ PLAN:
The site plans indicate construction of an "E" shaped two-story building
composed of residential dwelling units connected by two laundry rooms.
With a total of 20 units, the applicant is proposing 24 on-site parking spaces.
Since. the multiple family provisions of the zoning ordinance would not apply in
this requested zone, ~is project is not subject to typical parking or density
standards. Therefore, with appproximately 1.2 parking spaces per dwelling unit
the applicant is anticipating that some of the senior citizens will not own
automobiles. In comparison to the Senior Board and Care Home recently approved
on Bryan Avenue, that project had 24 spaces for 85 rooms while this project has
24 spaces for 20 apartments. With 12 units being held for Section 8 certificate
holders, it is unlikely that any of those residents would own a car.
The question 'of density is as follows: Under the R-3 - 2,000 designation the
applicant would be allowed to build eleven (11) units on this 22,960 square foot
parcel. Under the new zoning classification, the applicant will be allowed to
build 20 one (1) bedroom units of 500 square feet. The justification for the
increased density is that this project will be a seniors only complex.
ELEVATIONS:
The elevations as proposed show a stucco finish with tile roof and wood trim.
The rear {south) elevation faces another rear elevation of an existing apartment
complex and thus will be out of view. However, the second story of the rear
side elevations will be seen from Newport Avenue and %" Street. It is
suggested that a roof parapet be added for decorative effect. Since the
building elevations presented are conceptual in nature, the precise design and
colors utilized should be subject to future staff approval.
Community Development Department
City Council Report
Zone Change 84-6
page three
ANALYSIS:
Staff has met with the project applicant Mr. Mark Fergusen on several occasions
to review the project plans and discuss the "affordable" housing issue. Staff
is supportive of this senior'citizen housing since it is a residential land use
compatible with the surrounding uses and it's accessibility to nearby shopping
areas, bus service, and medical services. The Tustin Community Hospital and
other medical offices are all within walking distance.
The physical site design, setbacks, parking and other features appear reasonable
to staff, if this project is specifically deed restricted to senior citizens.
If not, the parking would not be adequate for a typical apartment project. '
On October 22, 1984, the Planning Commission held a public hearing on this zone
change and development plan and recommended approval to the City Council by the
adoption of Resolution No. 2188 with conditions of approval as listed in Exhibit
"A". At that time, the Commission discussed the side elevations of the
buildings and took an action that the applicant should add an additional roof
parapet for decorative effect and screening of roof top equipment.
RECQI~NDATION:
Uphold the findings of the Planning Commission and conduct the first reading of
Ordinance No. g2Z by title only; introduce Ordinance No. 922.
Associae~P1 anner
MAC:do
Attachments:
Ordinance 922
Exhibits A, B
Development Plans (site plan + elevations)
Community Development Deparlment
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ORDINANCE NO. 922
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY'OF TUSTIN, APPROVING ZONE CHANGE 84-6
FOR THE PROPERTY LOCATED AT 17432 & 17442
MITCHELL AVENUE, TUSTIN, CALIFORNIA, FROM
R-3 - 2,000 MULTIPLE FAMILY RESIDENTIAL TO
PC-MF PLANNED COMMUNITY MULTIPLE FAMILY
The City Council of the City of Tustin does hereby ordain as follows:
I. The City Council finds and determt6es:
That a proper application has been filed by Mark Fergusen to
rezone property from R-3 - 2,000 Multiple Family Residential to
PC-MF Planned Community Multiple Family as described in Exhibit
"B" attached hereto and incorporated herein by reference.
That a development plan setting forth proposed land uses and
standards of development has been included within the
application for zone change to the planned community district
and is attached hereto as Exhibit "C".
That ~he development plan hereby establishes an apartment
complex of 20 units for "Senior Citizens" of which 12 units
shall be rented at Fair Market Rates according to the Orange
County Housing Authority for a period of at least five years to
accommodate Section 8 Certificate holders.
That the zone change as applied for will not under the
circumstances of this case be detrimental to the health, safety,
morals and general welfare of the community and should be
granted evidenced by the following findings:
1. The intent of the PC-MF zone is to allow diversification of
land uses and accommodation of this unique housing
opportunity for senior citizens.
2. The project as proposed conforms with the provisions of
both the City's general plan and zoning ordinance.
The project may not be amended in any substantial fashion
without approval by the City's Planning Commission and City
Council.
The City Council hereby approves the filing of a negative
declaration of environmental impact for this zone change, in
compliance with the California Environmental Quality Act.
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Ordinance No. 922
page t~o
II.
The City Counctl hereby approves Zone Change 84-6 subject to the
development plan as detatled In Exhibit "C" and conditions applicable
to the development plan as detailed in Exhibit "A" attached hereto.
PASSED. AND ADOPTED at a regular meettng of the Tusttn Ctty Council, held on-
the [Dth day of November , 1984.
URSULA E. KENNEDY,
Mayor
A~E~:
EXHIBIT
CONDITIONS OF APPROVAL
ZONE OIANGE 84-6
A final grading plan for the development shall be submitted for
review and approval.
Street improvement plans for the Mitchell Avenue frontage adjacent
to the parcels will be required. These street improvements may
include, but' not be limited to the following items;
a. Curb and gutter;
b. Sidewalk;
c. Drive apron;
d. Street lights with underground conduit;
e. Street trees;
f. Sanitary sewer lateral;
g. Domestic water services;
The proposed development is comprised of two parcels. Either a
parcel map must be filed to consolidate these two parcels into one,
or the execution and recordation of a "Covenant and Agreement" to
hold both parcels as one.
Payment of East Orange County Water District fees at the time a
building permit is issued in the amount of $500 per dwelling unit.
Payment of Orange County Sanitation District No. ? sewer connection
fees at the time a building permit is issued in the amount of $250
per dwelling unit.
Dedication for street and utility purposes to the satisfaction of the
City Engineer.
Fire hydrants are required to be operational prior to combustible
construction.
Satisfy all code requirements of Chapter 12 of the 1979 Uniform
Building Code.
The second floor units will require two exits.
Ro~X~oarapet shall~J~~o the an west el s f
/de~co~ e~ -
6 foot 8 inch block wall where needed on the perimeter of the
property.
The final site plan and architectural building elevations including
colors and materials of construction shall be subject to the approval
of the Director of CommuNity Development.
Exhtbi % "A"
page
12. Covenants tri¢%ions shall be recorded on the
subject proper%Y limiting occupancyI to l~nants 55 years of age or
older. Also the CC & Rs shall prohibit conversion to any other form
of occupancy without the review andi aPProval of the City of ?ustin.
14. A l~nd$¢ape and irrigation plan sha.ll be submitted for City $~ff
approval, and landscaping inst~lled' prior to occupanc7 of the subjec%
bui 1 di rig.
15. All roof top mechanical equipment shali be screened from view.
EX-HIBIT "B'
R-3
(2000)
,~d~,- ii"--' i: 4~'~' * ' 'MITCHELL'AYE'
70' 70' ?0'
I
· PC, ,MF
R-3
ooo, L.
" ZONE CHANGE MAP
TUSTIN, CA.
I'- I00'
PC-MF: PLANNED COMMUNITY MULTIFAMILY
STATE OF CALIFORNIA )
COUNI'Y OF ORANGE )
CITY OF TUSTIN )
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. 922 was duly and regularly introduced and read at a regular meeting
of the City ~cil held on the 5th day of November, 1984, and was given its
second reading and duly passed an~opted at a regular meeting held on the lgth
day of Nov(~mber, lgt)~, by the following vote:
AYES : COUNCILPERSONS:
NOES : COUNCILPERSONS:
ABSENT: COUNCILPERSONS:
ABSTAINED: COUNCILPERSONS:
Edgar, Hoesterey, Kennedy
None
Greinke
Saltarelli
City of Tusti~ CaliforniaLJ
SUMMARY PUBLISHED IN TUSTIN NEWS:
November 15, 1984
November 29, 1984
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ORDINANCE NO. 931
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN APPROVING AMENDMENT NO. i TO ORDINANCE
NO. 922 FOR THE PROPERTY LOCATED AT 17432 TO
17442 MITCHELL AVENUE
The City Council of the City of Tustin does hereby ordain as follows:
The City Council finds and determines:
That a proper applicatioq has been filed by Yugi Naito of
S.B.C. Developers to amend (#1) Ordinance No. 922 to allow a
change in the development plan, known as Exhibit "C" for the
property located at 17432 and 17442 Mitchell Avenue.
That the development plan hereby establishes an apartment
complex of 20 units for "Senior Citizens" of which 12 units
shall be rented at Fair Market Rates according to the Orange
County Housing Authority for a period of at least five years to
accommodate Section 8 Certificate holders.
That this change as applied for will not under the circumstances
of this case be detrimental to the health, safety, morals and
general welfare of the community and should be granted evidenced
by the following findings:
The intent of the PC-MF zone is to allow diversification of
land uses and accommodation- of this unique housing
opportunity for senior citizens.
2. The project as proposed conforms with the provisions of
both the City's general plan and zoning ordinance.
The project may not be amended in any substantial fashion
without approval by the City's Planning Commission and City
Council.
II.
D. That a Negative Declaration was previously approved for this
project.
The City Council hereby approves the amendment (#1) to Ordinance No.
922 for the properties located at 17432-17442 subject to the
following conditions:
A. All conditions listed in Exhibit "A" of Ordinance g22 apply to
this project, except Condition No. 10.
B. The front landscaped setback area shall be a minimum of 10 feet.
C. That any minor changes to the development plan (Exhibit "C") may
be amended by the Community Development Director.
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Ordinance No. 931
page two
The location of the trash receptacles shall be reviewed by Waste
Management Inc. for access by their refuse trucks with respect
to the dead-end driveway and a letter provided to the City
indicating approval or disapproval.
E. Any controlled entry access shall be approved by the fire
marshal.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on
the day of , 1985.
Attest:
FRANK H. GREINKE,
Mayor
MARY E. WYNN,
City Clerk
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