HomeMy WebLinkAboutPH 4 USE PERMIT 83-24 12-19-83DATE:
Decembe~ [9, 1983
PUBLIC HEARINGS
)40. 4
12-19-83
Inter-Corn
Honorable Mayor & City Council Members
FROH:
Community Development Department
SUBJECT: Appeal of Use Permit 83-24
Applicant:
Location:
Zoning:
Environmental
Status:'
Request:
Walter J. Fredriksen & Tustin City Council
545 "B' Street
Multiple-Family Residential (R-3)
Categorically Exempt
Authorization to develop a five {5) unit two-story
apartment building within 150' of an R-1 Zone and to vary
with minimum lot width requirements for an R-3 lot
Background & Discussion
At its November 28, 1983 meeting, the Tusttn Planning Commission approved a
request (Use Permit 83-24) to develop a two-story apartment 'structure on a ·
Multiple-Family (R-3) District lot of substandard- width {50'). After
public input and deliberation over a two-meeting period, the Planning
Commission approved the application with the following modifications:
1. Authorization was granted to develop four (4) apartment units
in lieu of the requested five (5) units; and
That the building be oriented more closely to the southern
property line rather than near the northern property line as
requested.
This action by the Planning Commission has been formally appealed by Walter
J. Fredriksen, project applicant, and the City Council. '
The Commission's actions resulted from concern about the over-development
of the site by the proposed si'ze and scope of the project. The Commission
found that the building and its site design did not provide a satisfactory
.degree of compatibility with the surrounding area.
This is not 'to say that a different plan with five units could not be
designed to be more compatible. As an example, the building size aid bulk
could conceivably be reduced by not providing only two bedroom units.
Perhaps a mix of bachelor, one and two bedroom apartments would result in a
smaller, more compatible design.
Appeal of Use Permit 83-24
December .19, 1983
Page 2
In making this decision, the Commission took into account those factors
which are required for review on all projects within the City. Those
items are listed in Section 9272(c)(e) (attached).
The complete Planning Commission reports of November 14 and November 28,
with the adopted resolutions and minutes of the meetings are included for
Council consideration.
Recommendation
Pleasure of the Council.
Senior Planner
Attachments: City Code Sections 9272(c)(e)
Planning Commission Report Package
Community Development Department
(4)
c Conditions of A~proval CITY CODE SEC. 9272 c & e
The Community Development Director shall approve the submitted plans if he finds
that the location, size, architectural features and general appearance of the
proposed development will not ~m~air the orderly and harmonious development of
the area, the present or future develoment therein, the occupancy thereof, or
the community as a whole. Tn making such findings, the Director Shall consider
the following items':
Height, bulk and area of buildings.
Setbacks and site planning.
Exterior materials and colors.
Type and pitch of roofs.
Size and spacing of windows, doors and other openings.
Towers, chimneys, roof sturctures, flagpoles, radio and televisio~
antennae.
(7) Landscaping, parking area design and traffic circulation.
(8) Location, height and standards of exterior i11u~aunatton.
(10) Location and appearance of equipment located outside of an enclosed
structure.
(11) Location and method of refuse storage.
(12) Physical relationship of proposed structures to existing structures
in the neighborhood.
(13) Appearance and design relationship of proposed structures to
existing structures and possible future structures in the neighborhood and
public thoroughfares.
(14) Proposed signing.
(15) Development Guidelines and criteria as adopted by the City Council.
· Guiding Principles
Implementation of the development preview process relative to external design
shall be guided by the following principles:
(1) Individual initiative shall be encouraged. Control shall be reduced
to the minimum extent possible, while insuring that the goals stated in this
Chapter are achieved to the fullest possible extent.
(2) Good architectural character is based upon the suitability of a
structure for its purposes, upon the appropriate use of sound materials and
upon the principles of harmony and proportion in the elements of the structure.
(3) Good architectural character is not, in itself, mope costly than poor
architectural character and is not dependent upon the particular style of
architecture selected.
~ (4) When considering signs, particular attention shall be given to
incorporating the design, including colors, of the sign into the over-all design
oft he entire development, so as to achieve homogeneous development.
~- (5) Building to be relocated must be previewed as to their compatibility
with neighboring structures and with existing or proposed structures on the same
site. (Ord. No. 587, Sec. 2)
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Report to the
Planning Commission
PUBLIC HEARING NO. 3
NOVEMBER 14, 1983
SUBJECT: Use Permit 83-23
APPLICANT: Systems Engineering & Construction Company on behalf of
Walter J. Frederiksen
LOCATIOM: 545 "B" Street
ZONE DESIGNATION: Multiple-Family Residential (R-3)
ENVIRONI~ENTAL STAllJS: Categortcal ly Exempt
REQUEST: Authorization to develop a five (5) unit two-story apartment
building within 150' of an R-1 Zone and to vary with mi.nimum lot
width requirements for an R-3 lot.
BACKGROUND
A request has been submitted on behalf of Walte~ ~redericksen to contruct an
apartment house on a 50' wide multiple-family residential parcel. The Zoning
Code requires at least 70' of lot frontage for an R-3 development. The land is
located in one of the older sections of the City and was undoubtedly subdivided
prior to enactment of zoning classification provisions. At 7,500 square feet
the parcel does satisfy* minimum lot area standards.
The most recent apartment development in the immediate area was the construction
of a three-unit structure at 525 S. "B" Street on a lot of identical dimensions
(Variance ?8-5).
With applications of this nature, it has been staff's policy to recommend
approval if all other zoning and development provisions are accommodated in the
design.
The Zoning Code also requires Planning Commission approval for any two-story
multiple-family dwelling within 150' of R-1 zoned property. This structure is
located 81' from an R-1 district.
DISCUSSION
The proposal satisfies all other zoning and development standards with the
exception of the following:
a. The backup driveway is only 25' wide in lieu of the standard 27'
b. The majority of the southern property line is not landscaped.
Community Development Department'
Use Permit 83-23
~ovember 14, 1983
Page 2
c. The plan does not indicate the location of a commercial trash
receptacle.
Other items of concern include:
There is no prote6tion for the fence along the southern property line
for vehicles backing out of the first floor level garage. The minimum
design should include a 25' driveway with a 3-1/2" perimeter planter to
protect the fence. Of the 27' required backup area, 2-1/2° could be
planter area.
b. While proposed parking does satisfy minimum requirements, no provisions
are made for visitor parking.
c. Only one of the units has convenient access to the usable open space
provided (1,000 square feet).
The architectural treatment proposed for the structure is more than
adequate and should be co~atible with the styles of the surrounding
structures. However, staff believes that the number of units and the
resultant building size and necessary parking accommodations produce an
oVer-development of the parcel.
RECOMMENDATION
While this application meets the absolute minimum development standards with the
exception of lot width, staff finds it difficult to support development of this
property with five units as proposed. However, the applicant has cooperated
w~th staff and included our recommendations to improve building architecture
which would be an asset to the surrounding area. Two parcels northerly, an
identical parcel was developed with three units and is evidence of proper
development density and land coverage for these narrow parcels of land.
If the Planning Commission wishes to approve the application, the conditions
contained in Exhibit "A" should be incorporated into any approval.
Senior Planner
AGW:jh
Attachments:
Site, Architectural Exhibits
Exhibit "A"
Development Review Summary
Community Development Department
Exhibit "A"
Conditions of Variance 83-8
1. A trash enclosure shall be provided for' commercial refuse service.
2. A complete landscaping plan (planting and irrigation) shall be provided for
review by the Planning Commission prior to building permit issuance.
3. The lower portion of the fence (3' high) shall be a masonry block wall.
4. The developer shall submit a finished grading plan prepared by a licensed
civil engineer to the City for review and approval.
5. Payment of County Sanitation District No. 7 fees in the amount of $250.0~ per
unit will be required at the time a building permit is issued.
6. Payment of East Orange County Water District fees in the amount of $500.00
per unit will be required at the time a building permit is issued.
7. All missing or damaged street inq~rovements will be required to be constructed
or replaced. These will include, but not be limited to, the following:
a. curb and gutter;
b. sidewalk;
c. drive apron;
d. sanitary sewer lateral;
e. street trees;'and
f. street lights.
8. A public fire hydrant shall be provided and in operation prior to building
permit issuance.
Community Development Department
DEVELOPMENT REVIEW SUMMARY
ProJect:
Location/District:
Action:
FIVE-UNIT APARTMENT BUILDING
545 "B" STREET/R-3
USE PERMIT (83-23) TO DEVELOP TWO-STORY APARTMENT
BUILDING ON SUBSTANDARD R-3 LOT
Building:
Front Setback
' Side Setback
Rear Setback
Gross Square Footage
Net Floor Square Fqotage
Height
Number of Stories
Materials/Colors
Lot Size
Lot Coverage
Parking:
Number of Spaces
Ratio (space/square footage)
Percent of Compact Spaces
Type
Uses:
District Requirement
15' single-story,
150' two-story setback
from R-1 District
5'
10'
*
1 unit/i,250 sq.ft.
40' Max.
Staff and Planning
Commission Review
7,000 sq. ft.
75% (building)
2/unit
20% max.
50% covered
Proposed
15'(two-story)
5'& 13"
10'
5,980
1 unit/
1,500 sq. ft.
25'6"
2
Wood Siding
7,500 sq. ft.
42.6%(building)
Multiple-Family
10
2/unit
0
90% garage
Residential
Apartment
Number of Public Notifications (Owners):
Environmental Status
* No Standard
30
Categorically exempt
Community Development Department
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RESOLUTION NO. 2128
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE
DEVELOPMENT OF A TWO-STORY, FOUR-UNIT APARTMENT
COMPLEX 81' FROM THE R-1 DISTRICT ON A LOT OF
SUBSTANDARD WIDTH (50') IN THE R-3 DISTRICT AT
545 SOUTH "B" STREET
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application, (Use Permit 83-24) has
been filed by Systems Engineering on behalf of Walter
J. Fredrtksen requesting authorization to vary from the
minimum lot width standards of the R-3 District and
develop a five-unit two-story apartment building on a
50' wide lot, 81' from the R-1 District at 545 South "B"
Street.
B. That a public hearing was duly called, noticed and
held on said application.
C. 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:
1. the use is in conformance with the Land Use Element
of the Tustin Area General Plan and of the Multiple-
Family (R-3) District;
2. the request to vary from the 50' lot width
requirement is in conformance with application
requirements *of City Code Section 9292c and that the
lot was subdivided previous to the enactment of the
Zoning Code and development of the parcel for
apartment purposes should be approved subject to City
Code Section 9292a.
D. That 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 by the reduction building size and unit
count from five to four.
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 the Orange County
Fire Marshal and street improvement requirements as
administered by the City Engineer.
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Resolution No. 2128
Page 2
F. That this project 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 Director.
II.
The Planning Commission hereby approves Conditional Use
Permit No. 83-33 to authorize the development of a
two-story apartment building at 545 South "B" Street,
81' from the R-! District, subject to the following
conditions:
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A trash enclosure shall be provided for commercial
refuse service.
A complete landscaping plan (planting and irrigation)
shall be provided for review by the Planning
Commission prior to building permit issuance.
The lower portion of the fence along the driveway (3'
high) shall be a masonry block wall.
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The developer shall submit a finished grading plan,
prepared by a licensed civil engineer, to the City ·
for review and approval.
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Payment of County Sanitation District No. 7 fees in
the amount of $250.00 per unit will be required-at
the time a building permit is issued.
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Payment of East Orange County Water District fees in
the amount of $$00.00 will be required at the time a
building permit is issued.
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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 to 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: curbs and
gutters, sidewalks, drive apron, street pavement,
sanitary sewer lateral, street lights and street
trees.
On-site emergency access, fire hydrant and sprinklers
shall be provided as may be required by the Orange
County Fire Marshal's office.
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Reso]utlon No. 2128
Page 3
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Recordi ng Secretary
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9. That the number of units provided sha]l be no more
than four (4) in number.
10. That the building orientation shall be re-oriented to
be adjacent to the southern property line and that a
revised site and architectural plan be submitted to
the Planning Commission for review and approval.
PASSED AND ADOPTED at a [e~lar meeting/if the T~tin Planning
Commission held on the ,~_ ~ day of ~', ?~/?,, ~ j , 1983.
James B. Sharp, Chairman