HomeMy WebLinkAboutPH 1 USE PERMIT 83-20 11-07-83PUBLIC HEARINGS
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DATE: November 7, 1983 \ rte' �/ I n t e r � Com
TO: Honorable Mayor & City Council Members
FROM: Community Development Department
SUBJECT: Appeal of Use Permit 83-20
Mr. Richard Pierce
- - Townhamne at unit �.m...... -a ...____ ....
Background
The City Council, at its meeting on October 17, 1983, voted to appeal Use
Permit 83-20, an application approved by the Planning Commission to allow
construction of 16 townhome condominiums generally located at the southeast
corner of Holt Avenue and Warren Avenue. In summary, the Planning
Commission approved construction of 16 townhomes on a 1.165 acre site which
equates to 14.52 units per acres. Furthermore, the approved site plan
complies with Specific Plan No. 6 which prohibits vehicular access to this
property from Holt Avenue.
Issue Analysis
The project applicant, Mr. Richard Pierce, is in the process of acquiring
property located at 14452-14492 Holt Avenue for the purpose of constructing
townhome condominiums. While the City had previously adopted Specific Plan
No. 6 limiting these parcels to a maximum of 16 townhomes, Mr. Pierce
requested a higher density of 18 homes. However, Mr. Pierce did comply
with all other aspects of the Specific Plan which intentionally restricts
access to Warren Avenue. The project, when submitted for Planning
Commission consideration, was opposed by adjoining property owners across
Warren Avenue who claim that additional traffic generated by this project
will overburden an already congested Warren Avenue. The Planning
Commission, faced with opposition ultimately decided to follow the
previously established requirements of Specific Plan No. 6 as recommended
by staff.
From a staff point of view, we recommended compliance with Specific Plan
No. 6 since the Plan is a formal policy statement previously approved by
the City Council. However, if Council wishes to vary from this previous
policy and amend Specific Plan No. 6, staff would not object to changing
the ultimate property density. Since Specific Plan No. 6 restricts
development to 14.52 units per acre and the applicant has requested only
15.45, this minor deviation is not significant compared to higher
permissible densities in the City.
Appeal of Use Permit 83-20
November 7, 1983
Page 2
Staff is primarily concerned with the physical development of this site
with respect to dwelling unit placement, percentage of open space, safe
vehicular access and preservation of existing mature trees. An alternative
design, eliminating access onto Warren Avenue, could be produced, but would
create a hazardous traffic situation on Holt Avenue since this third
driveway would be objectionably close to the intersection of Holt Avenue
and Warren Avenue.
RECOMMENDATION
Pleasure of the Council.
a a
Director of Community Development
DDL:jh
Attachments
Report to the '
Planning Commission
OCTOBER 10, 1983
SUBJECT: Pre -Zone 83-1
Use Permit 83-20
APPLICANT: Richard Pierce
PUBLIC HEARING NOS.
LOCATION: Holt Avenue at Warren Avenue - 14452, 14472, 14492 Holt Avenue
REQUEST: Authorization to construct eighteen (18) townhomes
BACKGROUND
The subject site is the first three lots south of Warren Avenue, bounded by Holt
Avenue on the west and the Flood Control Channel on the east. The current
landuse of each lot is a single-family residence.
The Local Agency Formation Commission (LAFCO) recently approved annexation of
the site to the City of Tustin. All of the property owners agreed to the
annexation and it was processed through LAFCO by their representative, Richard
Pierce.
At the September 26, 1983 meeting of the Planning Commission, General Plan
Amendment 83-2 was approved, recommending a change of the land use designation
to Residential Multiple -Family. This change will allow the applicant to apply
for a zone change and prepare a use permit in conformance with an approved
specific plan.
The subject site is covered under Specific Plan No. 6, approved by the City
Council in 1981.
DISCUSSION
From public input and in-house review, staff has identified three issues
regarding the proposed project: traffic generation, Warren Avenue exit and land
use density.
A. Traffic Generation
Since the proposed project and the project to the south (under construction)
are connected by a common circulation sytem, the impacts of both projects are
covered.
Community Development Department
Pre -Zone 83-1, Use Perm 83-20
October 10, 1983
Page 2
The traffic generated from the development in this area is estimated by using
Orange County trip generation for multiple residential use (8 trips/dwelling
unit). The ADT is the commonly used abbreviation for Average Daily Traffic.
This is the total vehicular count for both directions on any street for a
24-hour period. The breakdown for both projects is estimated at:
1. ten -unit project: 80 (ADT)
2. proposed eighteen units: 144 (ADT)
The total for both projects would be 224 (ADT).
These 224 (ADT) will be divided between a proposed Warren Avenue exit and a
Holt Avenue exit. Holt Avenue is a secondary arterial with a 1982 (ADT) of
8,050. Warren Avenue is a local collector and traffic counts are not usually
done on local streets. It is difficult at best to estimate the distribution
of these trips since this depends on ease of turning, location of job,
location of shopping, etc.
The Engineering Department has reviewed these developments and does not
anticipate that this traffic generated will have an adverse affect on Warren
Avenue.
B. Warren Avenue Exit
Specific Plan No. 6 identifies two exits from the project area onto Holt
Avenue and one onto Warren Avenue. The basis was to limit access points onto
Holt Avenue, a secondary arterial, provide an easy through access for
emergency vehicles such as fire, and to provide an independent access point
at Warren in the event Holt Avenue is closed for an emergency.
It is possible to redesign the proposed plan to exit onto Holt Avenue instead
of Warren, placing three exit points on Holt and none on Warren. It would be
undesirable though to locate the exit on Holt due to its proximity to Warren
Avenue to the northeast and Theodora Drive to the southeast. Additionally,
the independent access point of Warren would be eliminated and easy through
access for emergency vehicles would be reduced.
Staff is recommending that the Warren Avenue exit and the overall circulation
for Specific Plan No. 6 remain as originally proposed.
C. Land Use Density
Below is a breakdown and analysis of land use density and density for the
proposed project.
1. Eighteen units, R-3 (2820) 15.5 du/ac. This is the applicant's
proposal. This proposal meets all the minimum requirements of Specific
Plan No. 6, with the exception of minimum land area per dwelling unit
(minimum 3,000 square feet per unit). This proposal is not close to the
required minimum, has a spa area designed in such a way to reduce
privacy and quiet to adjoining units, and presents no opportunity to
preserve mature trees. It is staff's contention that this plan does not
meet the intent of the approved specific plan.
Pre -Zone No. 83-1, Use Permit 83-20
October 10, 1983
Page 3
2. Seventeen Units, R3 (2985) 14.6 du/ac. This proposal is closer to the
minimum land area (3000), but still fifteen square feet per unit short
(2985). This proposal will allow the applicant to redesign the spa are
to afford more privacy to adjoining units and possibly preserve mature
trees. It does not meet the minimum land area for the Specific Plan,
but does present a housing opportunity.
3. Sixteen Units R3 (3172) 13.73 du/ac. This proposal is in conformance
with all aspects of Specific Plan No. 6. It expands on all the
opportunities detailed in the seventeen unit proposal, except for the
housing opportunity.
Findings
A. Zone Change
1. The proposed zone change to Multiple -Family (R-3) would be in
conformance with the Land Use element of the Tustin Area General Plan.
2. A zoning designation of R-3 (3000) would be consistent with the minimum
land requirement of Specific Plan No. 6.
3. A zone change to Multiple -Family (R-3) would allow the applicant to
prepare a site plan that will conform with Specific Plan No. 6.
4. Adoption of a zoning designation less than 3,000 square feet per unit
will require an amendment to the Specific Plan.
B. Conditional Use Permit
1. The proposed plan can be designed to be in conformance with Specific
Plan No. 6.
2. Development standards have been applied which conform to the Specific
Plan and provide for a uniform development consistent with adjoining
developments.
3. A Negative Declaration has been approved for the Specific Plan, as shown
by enclosed Resolution No. 81-51.
4. Due to its secondary arterial status, limiting access points onto Holt
Avenue would be in the interest of traffic safety.
5. Placing three access points onto Holt Avenue is possible, but
undesirable from a traffic safety aspect.
6. The Engineering Department does not anticipate an adverse affect to
Warren Avenue from the traffic generated by these developments.
Pre -Zone No. 83-1, Use Permit No. 83-20
October 10, 1983
Page 4
CONDITIONS
A. Zone Change
1. Any project within the subject site shall comply with Specific Plan No.
6, as adopted by Resolution No. 81-52.
B. Use Permit
1. The Covenants, Conditions, and Restrictions for this townhome project
shall be reviewed and approved by City staff and City Attorney prior to
their recordation. C.C.&R.'s shall specifically prohibit the storage of
recreational vehicles within the complex. C.C.&.R.'s shall state that
garages shall be used primarily for the storage of vehicles and outline
enforcement procedures, C.C.&R.'s shall include vehicular and pedestiran
access for other developments in the Specific Plan area.
2. All future site plans and elevations submitted for Community Development
Department review shall be consistent with the site plan submitted for
review and approval by the Planning Commission. All amenities shall be
substantially constructed.
3. The applicant shall plot the location of mature trees within the subject
property and submit a report and plot plan to the Planning Commission
outlining how many trees will be removed or saved.
4. The subject parcel shall require annexation to the Orange County Street
Lighting Maintenance District No. 6.
5. Each residential lot shall have an individual sanitary sewer and
domestic water service.
6. Sanitation District, Water District, New Development taxes and parkland
dedication fees are to be paid prior to building permit issuance.
7. A final grading plan shall be required for review and approval.
8. A landscape plan shall be required for review and approval.
9. A permit shall be required from the Orange County Environmental
Management Agency if any drainage is planned to flow into the adjacent
Flood Control Channel.
10. Improvements on the private street shall be detailed to ensure that they
conform to those improvements with Tract 11586 to the south.
11. The adoption of Use Permit 83-20 shall not be final until Pre -Zone 83-1
is completely adopted.
Pre -Zone No. 83-1, Use Permit No. 83-20
October 10, 1983
Page 5
12. The property line radius at the corner of Holt and Warren Avenue shall
be of such a radius to accommodate a 35 -foot radius curb return.
RECOMMENDATION
1. Staff recommends that the Planning Commission recommend to the City Council
adoption of zoning designation of R-3 (3000).
2. Staff recommends that the Planning Commission approve Use Permit 83-20, as
amended, to approve sixteen dwelling units.
s-
ward WM. ni
Associate Planner
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Attachments: Development Review Summary
Site Plan
Specific Plan No. 6
Alternative: Holt Avenue Exits
Resolution No. 81-52
DEVELOPMENT REVIEW SUMMARY
Project: f??-, am e5d ( Fz"k� 8.320
Location/District: Po if Aml
Action:
Building:
Front Setback
Side Setback
Rear Setback
Gross Square Footage
Net Floor Square Footage
Height
Number of Stories
Materials/Colors
Lot Size
Lot Coverage
Parking:
Number of Spaces
Ratio (space/square footage)
Percent of Compact Spaces
Type
Uses:
Number of Public Notifications (Owners):
Environmental Status
* No Standard
District Requirement Proposed
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EXHIBIT A
SPECIFIC PLAN NO. 6
I1OLT AMID WARREN
ADOPTED BY RESOLUTION NO. 81-52
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TABLE OF CONTENTS
SECTION
I. Objectives
II. Statistical Data
III. Notes
IV. Definitions
V. General Development Standards
A. Permitted Uses and Architectural Criteria
B. Site Requirements
C. Setbacks
D. Building Heights
E. Landscaping
F. Parking Requirements
G. Fences and Walls
H. Storages and Refuse Collection Areas
I. Circulation Criteria
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I. OBJECTIVES
A. Preserve and protect the public health, safety, and general welfare of the
area by encouraging the orderly development of the subject property.
B. Plan for a consistent neighborhood development which conforms with the
General Plan for the City of Tustin and goals of the community.
C. Develop standards that will be uniformly applied to all lots within the
specific plan area, regardless of ownership.
II. STATISTICAL DATA
The specific plan area is bounded by Warren Avenue to the north; the North
Tustin Channel to the south, Holt Avenue to the west, and the El Modena Channel
to the east.
The total acreage for the site is approximately five (5) acres.
III. NOTES
1. Within the specific plan area, the continued use of the land as a single
family structure, as defined as a Residential Estate District (E-4), Tustin
City Code Section 9222 la, thereto shall be permitted.
2. No building permits shalt be allowed for any project which does not conform
to the general development standards of this plan.
3. Where conflicts between these general development standards and other
zoning regulations exist, the provisions of the specific plan shall
prevail.
4. Review of any proposed project shall be by Use Permit, as outlined in
Tustin City Code Section 9291, 9293, 9294, 9296.
5. Within the specific plan area, water services will be provided by Tustin
Water Works, sewerage facilities by the County Sanitation District No. 7,
electrical services by Southern California Edison, and gas services by
Southern California Gas. These service facilities are provided along Holt
Avenue. Drainage plans shall be reviewed by the Building Official and
conform to the requirements of the Orange County Flood Control District.
6. Excess public land may be incorporated into the project without necessity
for plan amendment.
7. Upon application for a use permit for development, CC&R's shall be
submitted for review and approval that permit the incorporation of
subsequent development projects within the plan area.
Iv. DEFINITIONS
1. Where applicable, definitions contained in Tustin City Code Section 9297
shall be utilized for these specific plan regulations.
2. Townhouses: For the purposes of this specific plan, a townhouse shall be
defined as"a multiple family dwelling with a private attached garage and
each dwelling unit shall be located on an individual lot of record and
there shall be no more than one dwelling unit on any lot.
3. Open Space: Common open space and private open space.
A. Private Open Space: Uncovered patio areas for the exclusive use of the
owners or tenants of the dwelling.
B. Common Open Space: Landscaping; lawn area, non-commercial outdoor
recreational facilities incidental to the residential development,
walkways, or necessary fire -fighting equipment and installations.
C. Each dwelling unit shall be guaranteed right of use to commonly owned
and maintained open space. Said common open space shall be /ddesior ig ed so
as to be useable and suitable for recreational purposes
visual amenity.
A. permitted Uses and Architectural Criteria
1. This specific plan is for the development of residential uses, with the
permissible type of building being a townhome dwelling as defined in
Section IV, No. 2.
2. The minimum land area per dwelling unit shall be 3,000 square feet.
3. Proposed projects are encouraged to utilize no more than two to three
units per building, but in no case shall any development proposal have
more than four dwelling units per building.
4. Exterior Design:
A. Roofs - Dominant roof form should be a conventional gable with
minimum use of shed or flat elements. Eaves should not be chipped.
B. Roofing - A heavy textured dark material, such as wood shake,
single or thick butt composition shingle.
C. Exterior Materials and Colors - A combination of horizontal wood
siding with minimal use of plaster elements is encouraged. Earth
tones will be used for the basic building exterior color.
Buildings may be trimmed with contrasting paints and stains.
0
D. Design Details - The following details are encouraged for
incorporation into the building elevation. Doors and windows
should be trimmed, with the use of multiple paned windows. Fascia
and barge board should be emphasized as a design element. Fireplace
chimneys should be sheated in horizontal siding and trimmed.
B. Site Requirements
1. A minimum of 40% private and common open space shall be provided
for each proposed project.
C. Setbacks
1. Setback from Holt Avenue - 20 feet.
2. Setback from Warren Avenue - 15 feet.
3. Side Yard - Side yard setback shall be a minimum of five feet.
4. Rear Yard - Rear yard setback shall be a minimum of 15 feet,
setback from the El Modena Flood Control Channel and North Tustin
Channel shall be a minimum of 15 feet.
5. Architectural features may project as follows:
a. Roof overhang, subject to the approval of the Community
Development Director may project six (6) feet into the
twenty (20) feet setback area and three (3) feet into a
fifteen (15) foot setback area.
D. Building Heights
Unless otherwise specified in this plan, all -building heights shall not
exceed two stories or 35 feet.
E. Landscaping
1. General Statements.
a. Landscaping shall consist of an effective combination of street
trees, trees, ground cover, and shrubbery, provided with
suitable irrigation.
b. Any undeveloped areas will be maintained in a weed free
condition.
c. Where feasible, preserving and maintaining existing mature
trees will be a priority.
2. Holt Avenue Landscape Treatment
a. A minimum five foot landscape setback from property lines to
fences or walls shall be planted with trees, shrubs and ground
cover. Fences shall be periodically off -set at a greater depth
for aesthetic purposes.
3. Common Ownership Areas
a. Such portions of the site shall be adequately landscaped with
trees or ground cover to provide both visual amenity and
variety.
4. Landscape Maintenance
a. Property owners, individually and collectively through an
association shall be responsible for the maintenance of private
and common open space and landscaped areas.
b. Lawn and ground covers are to be kept trimmed and/or moved
regularly. All plantings in planting areas are to be kept free
of weeds and debris.
c. All plantings are to be kept in a healthy and growing
condition. Fertilization, cultivation, and tree pruning are to
be a part of regular maintenance.
d. Irrigation will be provided and adequately maintained to
provide an effective system of irrigation for plantings and
trees throughout all areas.
e. Stakes, guys and ties on trees will be checked regularly for
correct function. Ties will be adjusted to avoid creating
abrasions or girdling to the stems.
F. Parking Requirements
1. Each dwelling unit shall provide a minimum of two parking spaces
per unit, one of which shall be an enclosed attached garage. If a
carport is utilized for the second space, it shall also be attached
to the unit.
2. If a minimum nineteen (19) foot drive apron is provided per unit,
no additional guest parking is required. In lieu of the drive
approach, one-half parking space per dwelling unit for guest
parking shall be provided.
3. Parking Space Dimensions
a. Enclosed spaces shall be a,minimum of ten by twenty feet.
b. Open spaces shall be a minimum of 9 x 19.
G. Fences and Walls
1. All fences facing Holt Avenue, Warren Avenue, and the North Tustin
Channel shall match the materials and colors of the building
exteriors. They shall be limited to enclosing the private patio
area, and shall not exceed six (6) feet in height.
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2. A solid masonry wall six feet eight inches (6'-8") in height shall
be constructed along the E1 Modena Channel frontage.
H. Storage and Refuse Collection Areas
1. All outdoor storage areas and refuse collection areas shall be enclosed
and visually screened so that materials stored within these areas shall
not be visible from access streets and adjacent property.
I. Circulation Criteria
1. The number of access points to Holt Aveue shall be limited to two
locations, with one additional access allowed to Warren Avenue, per
Exhibit B. Precise locations for access points shall be approved by
the City Engineer.
2. Circulation within the specific plan area shall be a private street
with a minimum width of twenty-four (24) feet with a nineteen (19) feet
drive approach, and twenty-seven (27) feet with a shorter drive
approach, per Exhibit B.
3. Drive approaches shall be a minimum of five feet and a maximum of seven
feet. To allow for parking in the drive approach, a minimum length of
nineteen feet is required.
4. No on-site parking spaces shall be designed that will require a vehicle
to back onto Holt Avenue or Warren Avenue.
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EXHIBIT B
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RESOLUTION NO. 81-52
A RESOLUTION OF THE CITY 00UNCIL OF THE CITY
OF TUSTIN ADOPTII 3 SPECIFIC PLAN NO. 6.
The City Council for the City of Tustin, does hereby rsolve as
follows:
I. The
City Council finds and determines that:
A.
An application initiated by the Planning Agency of the
City of Tustin to adopt a Specific Plan for residential
uses bounded by Warren Avenue to the north, Holt Avenue
to the west, the E1 Modena Channel to the east and the
North Tustin Channel to the south.
B.
That a public hearing was duly called, noticed, and held
on said application.
C.
That establishment of a specific plan would be in the
interest of the public health, safety and general welfare
for persons residing or working in the neighborhood,
evidenced by the following findings:
1. Development of a neighborhood by incorporating com on
design and circulation elements.
2. Limit access points onto Holt Avenue to improve
traffic safety.
3. Uniformly plan an area that is in transition in
accordance with the General Plan for the City of
Tustin.
D.
That a Negative Declaration was prepared in compliance
with the requirements of the California Environmental
Quality Act, and is hereby approved.
E.
The City Council approves the findings and
recommendations contained in the City of Tustin Planning
Agency Resolution No. 1966, recommending that the City
Council adopt Specific Plan No. 6.
II. The
City Council does hereby recommend that Specific Plan
No.
6 be adopted, subject to the following conditions:
A.
All projects within the project area shall comply with
the specific plan regulations, as contained in Exhibit A.
B.
That each project will require the establishment of a
Home Owner's Association for all the maintenance of all
common areas and the submission of OC&R's to the City
Attorney for review and approval.
C.
All utilities serving any project shall be undergrounded
within the exterior boundary lines of the property.
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Resolution 81-52
May 4, 1981
Page Two
PASSED AND ADOPTED at a regular meeting of the Tustin City Council,
held on the 4th day of May, 1981.
ATTEST:
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City Clerc
14PW4'
Tames B. Sharp
Mayor