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HomeMy WebLinkAboutPH 4 USE PERMIT 83-16 09-19-83DATE: September 19, 1983 TO: Honorable Mayor & City Council Members FROM: Community Development Department SUBJECT: Appeal of Use Permit 83-16 Tustin Condominiums, Pacific Coast Builders DISCUSSION PUBLIC HEARING NO. 4 9-19-83 Inter -Coin The City Council, at its meeting on September 19, 1983, unanimously voted to appeal the subject Use Permit. Furthermore, the Director of Community Development was requested to present the project at the Council's next regularly scheduled meeting. Attached to this transmittal for Council's review are copies of staff reports and building plans submitted to the Planning Commission during their consideration of the project. The Commission voted to approve Use Permit 83-16, thereby allowing construction of 161 -unit residential condominiums at the southerly terminus of Newport Avenue. The applicant has been informed of the Council's appeal. Both the applicant and staff will be prepared to answer Council's questions. al an G. Warren Senior Planner Attachment: Staff Reports to Planning Commission Plans Planning Commission Minutes, August 22, 1983 Resolution No. 2113 Report to the N�� Planning Commission AUGUST 229 1983 SUBJECT: Use Permit 83-16 14901 Newport Avenue APPLICANT: Pacific Coast Builders 1631 E. 18th Street Santa Ana, CA 92701 PUBLIC HEARING NO. 2 REQUEST: To development a 161 -unit condominium project ZONING: Planned Development (PD) District BACKGROUND In March, 1980, the City Council rezoned the subject property to Planned Development (PD) District to bring the zoning into conformance with the land use designation of the Tustin Area General Plan. On February 2, 1981, the Planning Agency, approved the development of a 208 -unit residential condominium project upon an application of the Robert P. Warmington Company. Since the initial approval, the developer has requested and been granted extensions of use permit. The last extension expired January, 1983. The present applicant is in escrow on the property which is contingent upon approval of the newly proposed project. DISCUSSION This application proposes the development of 161 condominiums on a site of approximately 5.9 acres. An additional 5150 square feet is currently being considered for addition to the project from two adjoining parcels in the City of Santa Ana. The acquisition of the additional land is to aid in qualifying for a 5% waiver of open space. The PO District authorizes 45% open, rather than the usual 50% when a project abuts permanent open space. In this case, the Costa Mesa Freeway embankment, fully landscaped by the developer, is proposed to satisfy the waiver requirement. The structures are to be four stories in height (43"0) with the on-site parking level recessed approximately 5' below existing grade. Fourteen (14) feet of the front setback is to be graded to form a 4' high berm against a decorative retaining wall. The site design provides for three groups of buildings each surrounding an open recreation area. Vehicle and pedestrian access is via a single driveway entrance, secured by a gate house. The circulation pattern provides complete access to the rear of all units. Parking is provided at the correct ratio of two spaces per unit, half of which are covered. The gatehouse, however makes access to the project difficult for visitors and tradesmen. Only five visitor enare5 are provided outiod rofunhy development Department Public Hearing No. 2 August 22, 1983 Page 2 The construction is to be divided into three phases which will be individually subdivided with the necessary reciprocal easements. The anticipated time to complete all phases will be 18 to 24 months from the commencement of construction. The site is impacted environmentally by freeway and railway noise. These impacts are the most extensive and must be addressed in detail in any analysis. An initial environmental study with a supplementary noise impact study has been prepared by the applicant. The noise study has been reviewed by a contract consultant retained by the City. The analysis of the noise environment is as follows: A. The existing railroad noise level (63dBA) at the southwest facing units is above California state limits which requires attenuation of the levels within the individual units. B. The existing freeway greatly impacts the site from 78dBA (CNEL) at the third floor level to 75dBA (CNEL) at the 2nd floor level. Such levels also require interior sound alteration by the state. The courtyard of Phase I would be impacted by levels of 69dBA. 65dBA is considered the maximum level acceptable for recreational areas. C. The proposed high speed rail system is expected to impact the nearest units by single events of about 80dBA and at a worst case 130 operations per day this could result in 66dBA (CNEL) reading (including Amtrak freight). D. The potential noise impact from increased Newport Avenue traffic due to a railroad crossing, could reach CNEL levels of 66dBA at the upper floors and 60dBA at the ground level. ANALYSIS The application conforms to zoning code regulations with the exception of the open space issue. Without the purchase or long-term lease of the two small adjoining parcels, the project is slightly below the 45% open space figure. Since the freeway embankment is going to remain as open space, its landscaping will definitely enhance the view of this feature and the 45% open space allowance could be considered. But, since this additional land is not within the City, annexation of said parcel should be instituted at the owners expense. The design should minimize any negative visual effect of the parking and driveway by the use of mounding and screening perimeter walls. The preliminary planting plans provides a conceptual plant palet but does not indicate locations of specific species. The species selected would appear not to present any problems unless improperly located. Public Hearing No. 2 August 22, 1983 Page 3 The architecture is a contemporary style but should easily be compatible with the surrounding buildings by the use of hip roofs. The elevations should be viewed as conceptual. Detailed plans will be reviewed by staff at the plan check phase which will then be submitted for Commission review. Staff has some concern regarding the three-phase construction proposal. If this plan is to be approved, the developer should provide the City with a precise program work schedule. Each phase should be able to stand by itself in regard to zoning, building, and safety matters upon each completion. Also, provisions should be presented to insure the health, safety and comfort of those residents occupying the first phases while construction work continues on the site. Parking accommodation should be assigned at two (2) spaces per unit and included in the Convenants, Conditions and Restrictions (CC&R's). Additional parking can be accommodated at the sacrifice of some planting areas. This would however increase the degree of variance with the open space standards. Staff believes that additional visitor parking should be seriously considered due to the size of the project. The noise study found that interior noise criteria could be met without use of a highway noise barrier. Non -opening windows and well -sealed doors can be utilized to reach specified limits. Recreational use of areas between the development and freeway would be infeasible with this approach, and walls would need to be constructed across building gaps to shield interior courtyard areas. The effects of existing and planned rail activity would require additional insulation treatment than proposed in the study for units facing the southwest boundary. Visual improvements for these units could be made by appropriate landscaping at the boundary. Additional insulation treatment is also recommended along the southeast boundary to prepare for a possible extension of Newport Avenue and to mitigate noise from traffic entering and leaving through the entry gate area. Noise insulation criteria which must meet worst case noise conditions for the potential intruding noise sources described above, are presented in figure 1. The values of Sound Transmission Class (STC) shown represent the minimum design values which wXould not violate interior noise limits. They apply particularly to windows and doors, and presumable would be met by proposed wall/ceiling construction design. RECOMMENDED ACTION Through building arrangement and use of recommended mitigation measures the development can comply with the Noise Element of the Tustin Area General Plan and the Noise Ordinance. The proposed project complies with all provisions of the Planned Development District with the exception of open space requirements. The application was noticed with a variance request for that purpose. Public Hearing No. 2 August 22, 1983 Page 4 Staff therefore recommends approval of a mitigated Negative Environmental Declaration and Use Permit No. 83-16 including a variance, subject to the conditions attached in Exhibit "A". Should the Planning Commission concur with staff's recommendation, the necessary resolution will be drafted and forwarded for final adoption at your next meeting. Respectfully submitted, Alan Warren Senior Planner AGW:jk Attachments: Development Review Summary Figure 1 Exhibit A Exhibit B Project Plans DEVELOPMENT REVIEW SUMMARY Project: 161 U i -t Condominium Location/District. 14091 Newport Ave / Planned Development Action: Use Permit 83-16 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: District Requirement Proposed 15' 5' * * * By Commission Approval 63' 5' (carport) 4' (carport) above 43' arade 4 257,000+ * 5150 sa ft. 50% (55% W/ 55.9% Commission Approval 322 2/ Unit 20% Max. 1/2 Covered Multi -Family 327 (shown) 2.03/ Unit 13.2% (43) Garages, Carports Open at grade Residential - Condo Number of Public Notifications (Owners): 20 (22 parcels) Environmental Status With mitigation measures * No Standard r• g C4 M M % .4 �► ,n z , oft xx a`oens • . Exhibit A Conditions of Use Permit No. 83-16 1. The Covenants, Conditions and Restrictions for this condominium project shall be reviewed and approved by City Staff and City Attorney prior to their recordation. The CC & R's shall specifically dictate responsibilities between the homeowners association and private property owners for the maintenance both interior and exterior of all buildings, plumbing and electrical facilities. The CC & R's shall also specifically prohibit the storage of recreational vehicles within the comlex. 2. A landscape and irrigation plan approved by the State Department of Transportation shall be submitted for staff approval prior to landscaping the Costa Mesa Freeway embankment as indicated on the approved project site plan. A written committment from Caltrans shall be submitted providing for the longterm maintenance of the freeway embankment. If such committment cannot be obtained, the condominium homeowner's association shall be responsible for the embankment maintenance as provided in their recorded Covenants, Conditions and Restrictions. (CC & R's) 3. Included within this use permit is the proposed use of adjoining privately held property and the Costa Mesa Freeway embankment for landscape and open space purposes. Since portions of the aforementioned areas are located within the City of Santa Ana, written authorization shall be provided the City of Tustin from the City of Santa Ana certifying conformance with Santa Ana zoning regulations for the proposed property use, prior to issuance of any City Building Permits for the subject condominium project. Additionally, the project applicant shall initiate on behalf of the City of Tustin a jurisdictional reorganization application with the County Local Agency Formation Commission and pay all necessary processing fees. The City boundary line between the Cities of Tustin and Santa Ana shall be realigned coterminius with the edge of pavement along the southerly side of the Newport Freeway. 4. Consideration shall be given to providing additional offstreet guest parking. The applicant shall submit for staff approval a modified site plan providing the maximum number of additional spaces the site can accomodate without reducing interior open space between the buildings. The final site plan fully dimensioned and detailed along with final building elevations fully dimensioned and detailed, shall be submitted for Planning Commission final approval including consideration of the final color scheme and architectural treatment of all building exteriors. 5. All open dirt areas of future phases shall be maintained weed, building material and debris free during construction of this project. Dust retardant or seeding with grass shall be utilized to prevent airborne dust and soil erosion. Exhibit A August 22, 1983 Page 2 6. The final site plan submitted for review and approval by the Planning Commission shall be consistent with the illustrative site plan prepared and submitted by Cardoza Dilallo Associates, Inc. attached for Planning Commission review. All amenities shown shall be substantially constructed including pools, spas, volleyball courts and clubhouse. Landscape and driveway pavement treatments shall also be constructed as indicated and an expanded driveway realignment shall be incorporated to allow for more open space within interior open space area. 7. Should security access gates be installed, all units shall be properly wired to provide communication from the guard house to each unit. 8. The CC & R's shall contain restrictions against the conversion of garage spaces to any other use except the storage of motor vehicles. The City shall be a part of the CC & R's and any modification of the CC & R's concerning this conditions shall require approval by the City of Tustin. 9. Due to the minimal number of project parking spaces to promote usage of single car garages for the storage of automobiles and not for storage or conversion to living spaces, garage door openers shall be installed on all garage doors. 10. The CC & R's and the"Final Department of Real Estate report shall contain disclosure statements concerning the following matters: A. Potential Newport Avenue grade crossing to Edinger Avenue. B. Potential noise impacts from high speed commuter trains on the railroad tracks adjacent to site. C. Noise impacts from existing Costa Mesa Freeway potential increases in Newport Avenue road traffic. 11. Environmental mitigation measures shall be required to reduce both exterior and interior noise levels to conform with the interior requirements of the City of Tustin Noise Ordinance. Said mitigation measure as recommended by the City retained firm of Engineering Sciences shall be included on the final plans for approval by the Planning Commission. Such mitigation measures may include construction of sound attention walls, increases in the quantity of structural insulation and reduction of exposed glazing. Noise attenuation measures shall be incorporated into the construction drawings as indicated in Figure 1 and in the body of this Use Permit No. 83-16 report. Evidence of complying with value of Sound Transmission Classes (STC) as indicated on Figure 1 shall be required of the developer upon submittal of plan check drawings to the City Building Department. 12. All work within the public right-of-way will require a permit from the City of Tustin Engineering Department. 13. Sanitation District Water District, new development taxes, and parkland dedication fees are to be paid prior to building permit issuance. Exhibit A August 22, 1983 Page 3 14. 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 adjoining 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: a. curbs and gutters b. sidewalks c. drive aprons d. street pavement e. street trees f. street lights 15. The entry drive shall be revised to conform to City of Tustin Standard Plan No. 108E. This radius type drive requires dedication of additional right-of-way as shown on said Standard Plan. 16. Continuous 6" concrete curbs shall be provided to separate landscape planters from parking spaces and drive aisles. 17. All roof equipment and vents must be screened from view to the satisfaction of city staff. - 18. All signs must be approved by the Planning Department prior to permit issuance. 19. Separate permits are required for plumbing, electrical, grading, signing and any work performed within the public right-of-way. 20. A looped domestic water system and easements shall be provided per the requirements of the City Engineer. If this water system is phased, the first phase shall be sized for a deadend system. A minimum of 4-5 water meters will be required depending on the building and plumbing layout. Separate meter(s) will be required for the landscape irrigation system. 21. The developer shall provide the city with a construction schedule of project phasing which will include the following: a. Time schedule for the anticipated commencement and completion of each phase. b. List of all community facilities to be completed in each phase. Each phase must satisfy all zoning, building and safety requirements and said requirements must be completed prior to final release of any structure. c. Construction program which will insure the health, safety and comfort of those residents occupying the initial phases while construction work continues on the site. 22. All required public improvements and Newport Avenue setback landscaping shall be completed prior to the release for occupancy of phase one. 23. During all phases of construction the project shall institute accepted grading measures to control sedimentation runoff into the upper Newport Bay drainage area. �Zwv oaf a d a On Sq -04 0 141 sxaavna lstol ,,,� • SWfliNiwOQNOJ N 115f11 M ir,j it t d t p Z O H V W H W 1� 4 L; Out � . 3 ion �► �W ��� , �, ilip �';�- fit►. `' .� �v4� �I{:•_oma )•3,;. M•r; MINUTES OF A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA August 22, 1983 The meeting was called to order by Chairman Sharp at 7:35 P.M. in the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by White and the Invocation was given by Commissioner Puckett. ROLL CALL Commissioners Present: James B. Sharp, Chairman Ronald White, Chairman Pro Tem_ Mark Ainslie Charles Puckett Kathy Weil Commissioners Absent: None Also present: Donald D. Lamm, Community Development Director Jeff Davis, Assistant Planner James G. Rourke, City Attorney Mary Ann Chamberlain, Associate Planner MINUTES It was moved by Puckett, seconded by White, to approve the minutes of the regu ar meet ng eld AugustS, 1983. Motion carried 4-0 (Commission Weil arrived at 7:40 p.m. and was not present for approva of the minutes.) PUBLIC CONCERNS '-None. CONSENT CALENDAR - None. PUBLIC HEARINGS 1. USE PERMIT 83-14 - RESOLUTION NO. 2111 Applicant: Western Neuro Care Center Location: 165 North Myrtle and 14851 Yorba Street Request: 1) Authorization to add 1,600 sq. ft. of office space to existing convalescent hospital at 165 N. Myrtle; and 2) Authorization to convert former preschool building into office structure at 14851 Yorba. The Associate Planner presented the staff report and recommendation as contained in the report dated August 22, 1983. A brief slide presentation of both locations was viewed by Commissioners. The public hearing was opened by Chairman Sharp at 7:38 p.m. The following person spoke in favor of Use Permit 83-14: Sandra Hartness, Western Neuro Care Center, reported on services they will provide to both geriatric and coma patients. There being no other speakers on the matter, the public hearing was closed at 7:45 p.m. After a brief discussion/question-and-answer period, it was moved by, Puckett, seconded by Ainslie, to adopt the following resolution: RESOLUTION N0. 2111 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, GRANTING A USE PERMIT (83-14) FOR EXPANSION OF WESTERN NEURO CARE CENTER AT 185 N. MYRTLE AND 14851 YORBA The motion carried 5-0. Planning Commie )n Minutes August 22, 1983 -- Page 2 AGENDA ORDER 3. USE PERMIT 83-18&TENTATIVE TRACT 11564 - RESOLUTIONS NO. 2108&2109 Applicant: James Manning Location: 14682 Holt Avenue Request: Authorizationto construct 5 townhomes at 14682 Holt Avenue. A tentative tract map has been submitted in conjunction with the Use Permit to subdivide property for the townhomes. This item was considered at this time at the applicant's request. The Community Development Director responded that the Commission could consider Tentative Tract 11564 (New Business Item No. 2) in conjunction with the Use Permit. The Associate Planner presented the staff report and recommendation as contained in the report dated August 22, 1983. A brief slide presentation was viewed by Commission members. Chairman Sharp opened the public hearing at 7:52 p.m. There being no speakers on the matter, the public hearing was closed. Following a brief question -and -answer period, it was moved by Puck- ett, seconded by Weil, to adopt the following resolution: RESOLUTON NO. 2108 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING DEVELOPMENT OF A FIVE (5) UNIT RESIDEN- TIAL TOWNHOUSE DEVELOPMENT IN THE PLANNED DEVELOPMENT DISTRICT Carried 5-0. It was then moved by Weil, seconded by Ainslie, to adopt the follow- _ ing resolution: RESOLUTION NO. 2109 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING APPROVAL OF REVISED TENTATIVE TRACT MAP NO. 11564 LOCATED AT 14682 HOLT AVENUE Motion carried 5-0. 2. USE PERMIT 83-16 & TENTATIVE TRACT NO. 11370 - RESOLUTION NO. 2110 Applicant: Pacific Coast Builders, Inc. Location: Southerly Terminus of Newport Avenue Request: Authorization to develop 161 residential condominium units and to vary with the open space requirements of the Planned Development District. A tentative tract map has been filed in conjunction with subject project. Chairman Sharp indicated that the Commission would consider Tenta- tive Tract No. 11370 (New Business Item No. 1) in conjunction with the Use Permit application. The Senior Planner presented the staff report and recommendation as contained in the report dated August 22-, 1983, and slides were viewed by Commissioners. Commission/staff discussion followed. Chairman Sharp opened the public hearing at 8:27 p.m. The following spoke in favor of Use Permit 83-16 and Tentative Tract No. 11370: Pat Walla, Vice President of Pacific Coast Builders, stated the con- ditions as written by staff are accepted, and he thanked staff for the presentation. Mr. Walla responded to Commission questions regarding visitor parking; security access gates; notice to future homeowners that there is noise from the freeway, railroad and New- port Avenue as required by the Department of Real Estate; time limits on close of escrow; and total construction time for the three phases. Chuck Reynolds, Civil Engineer, responded to Commission questions on the drainage system. Planning Commi-_ .in Minutes August 22, 1983 Page 3 Dave Lorenzini, Harris & Lorenzini architectural firm, made several clarifications on the staff report, and requested corrections to the conditions of Use Permit 83-16 to which staff and Commission agreed. Mr. Lorenzini responded to Commission questions on project design. There being no other speakers on the matter, the public hearing was closed at 8:47 p.m. Commission/staff discussion followed regarding fire safety require- ments and provision of adequate guest parking. It was then moved by Ainslie, seconded by White, to.continue the matter and give the applicant another two weeks to possibly come up with a better parking layout to provide additional guest parking spaces in return for less open space. Following Commission/staff discussion regarding parking ratio stan- dards, the motion died 1-4, Puckett, Sharp, White, Weil opposed. It was moved by Puckett, seconded by White, to: 1) Approve a mitigated Negative Environmental Declaration and Use Permit 83-16 including a variance, subject to conditions in Exhibit A as presented by staff; 2) Amend Exhibit A as follows: Condition (4) to include final review of preliminary landscape plans, i.e., final elevations, final site plan, etc. Condition (7) to include provision for ample vehicle turnaround space between the guard shack or entrance device and any future gate location to prevent stacking of cars should they be rejected entry into the facility; and 3) Direct staff to draft appropriate resolution. . After Commission discussion, the motion carried 4-1, Ainslie opposed. It was then moved by White, seconded by Puckett, to adopt the following resolution: RESOLUTION NO. 2110 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING APPROVAL TO THE CITY COUNCIL OF REVISED TENTATIVE TRACT 11370 Carried 5-0. STAFF CONCERNS 1. DEPARTMR:NTAL PROJECT STATUS - WEEK OF AUGUST 8, 1983 The Director of Community Development presented the Departmental Status Report dated August 15, 1983, and responded to Commission questions. 2. REPORT ON COUNCIL ACTIONS - AUGUST 15, 1983 The report dated August 22, 1983, of August 15, 1983, was received consent. * ' COMMISSION CONCERNS 1. GUEST PARKING of Council actions at its meeting and filed by unanimous informal Commissioner Ainslie stated his experience with condominium projects indicates lack of sufficient guest parking. He stated that rubber stamp open space requirements lose effectiveness in certain applica- tions when other amenities are sacrificed for same. Planning Commission Minutes August 22, 1983 Page 4 In response to Commissioner Ainslie's request that staff study guest parking requirement for multiple -family districts, the Director of Community Development indicated he would supply Commissioners with a survey, which was conducted by the City of Anaheim, of all 26 Orange County cities of parking requirements. 2. STAFF COMMENDATION Commissioner White commended Senior Planner Alan Warren on his staff presentation relative to Use Permit 83-16. 3. ABATEMENT OF INOPERATIVE VEHICLES Commissioner Puckett confirmed that staff should implement a zoning enforcement program for the abatement of inoperative vehicles on private property. 4. BULLET TRAIN REPORT Commissioner Weil presented an oral report on the proposed Southern California bullet train route. AmmIRNMFNT There being no further business, it was moved by Weil, seconded by White, to adjourn at 9:45 p.m. to the next regular meeting on September 12, 1983. Carried 5-0. CHAIRMAN EtECCORDING SEC E ARY 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 RESOLUTION NO. 2113 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 83-16 TO AUTHORIZE THE DEVELOPMENT AND USE OF A 161 -UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 14901 NEWPORT AVENUE AND TO VARY FROM THE OPEN SPACE PROVISION OF THE PLANNED DEVELOPMENT ZONE DISTRICT 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 83-16), has been filed on behalf of Pacific Coast Builders to request authorization to develop a 161 -unit condominium project at the southerly terminus of Newport Avenue and to vary from the open space provisions of the Planned Development Zone District. B. That a public hearing was duly called, noticed and held on said application. C. The Planning Commission hereby makes the following findings of fact: 1. That establishment, maintenance, and/or operation of the use applied for will not be detrimental to the health, safety, or morals of the persons residing or working in the neighborhood of such proposed use, in that: a. the proposed activity is in compliance with the use restrictions and application procedures of the City Code Section 9224d.1, 9291 and 9292; b. the project is in conformance with the intent of the City's development standards. 2. The establishment, maintenance and/or operation of the use applied for will not be detrimental to the comfort and general welfare of persons residing or working in the neighborhood of the proposed use in that the activity is proposed for the correct land use and zoning classification and shall be developed in a manner prescribed by the City's development and zoning provisions. 3. The establishment, maintenance and/or operation of the use applied for will not be injurious or detrimental to property, improvements in the neighborhood, or general welfare of the City in that the project will be constructed in conformance with 1979 Uniform Building Code, as adopted by Ordinance No. 835. 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 Resolution No. 113 September 12, 1983 Page 2 4. The filing of a Negative Declaration with mitigating measures is hereby approved incorporating the recommendations of two consulting acoustical engineers, Gorden Bricken and Associates and Engineering Sciences, Inc. 5. The proposed development shall be in accordance with the development policies adopted by the City Council, Uniform Building Code 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. 6. Final development plans shall be reviewed and approved by the Planning Commission and Community Development Department. II. The Planning Commission hereby grants Conditional Use Permit No. 83-16, subject to the following conditions: 1. The Covenants, Conditions and Restrictions for this condominium project shall be reviewed and approved by City Staff and City Attorney prior to their recordation. The CC & R's shall specifically dictate responsibilities between the homeowners association and private property owners for the maintenance both interior and exterior of all buildings, plumbing and electrical facilities. The CC & R's shall also specifically prohibit the storage of recreational vehicles within the complex. 2. A landscape and irrigation plan approved by the State Department of Transportation shall be submitted for staff approval prior to landscaping the Costa Mesa Freeway embankment as indicated on the approved project site plan. A written committment from Caltrans shall be submitted providing for the long term maintenance of the freeway embankment. If such commitment cannot be obtained, the condominium homeowner's association shall be responsible for the embankment maintenance as provided in their recorded Covenants, Conditions and Restrictions (CC & R's). 3. Included within this use permit is the proposed use of adjoining privately held property and the Costa Mesa Freeway embankment for landscape and open space purposes. Since portions of the aforementioned areas are located within the City of Santa Ana, written authorization shall be provided the City of Tustin from the City of Santa Ana certifying conformance with Santa Ana zoning regulations for the proposed property use, prior to issuance of any City Building Permits for the subject condominium project. Additionally, the project 1' 21 3 4I 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2113 September 12, 1983 Page 3 applicant shall initiate on behalf of the City of Tustin a jurisdictional reorganization application with the County Local Agency Formation Commission and pay all necessary processing fees. The City boundary line between the Cities of Tustin and Santa Ana shall be realigned coterminius with the edge of pavement along the southerly side of the Newport Freeway. 4. Consideration shall be given to providing additional off-street guest parking. The applicant shall submit for staff approval a modified site plan providing the maximum number of additional spaces the site can accomodate without reducing interior open space between the buildings. The final site plan fully dimensioned and detailed along with final building elevations and preliminary landscape plan fully dimensioned and detailed, shall be submitted for Planning Commission final approval including consideration of the final color scheme and architectural treatment of all building exteriors. 5. All open dirt areas of future phases shall be maintained weed, building material and debris free during construction of this project. Dust retardant or seeding with grass shall be utilized to prevent airborne dust and soil erosion. 6. The final site plan submitted for review and approval by the Planning Commission shall be consistent with the illustrative site plan prepared and submitted by Cardoza Dilallo Associates, Inc. as reviewed by the Planning Commission. All amenities shown shall be substantially constructed including pools, spas, volleyball courts and clubhouse. Landscape and driveway pavement treatments shall also be constructed as indicated and an expanded driveway realignment shall be incorporated to allow for more open space within interior open space area. 7. Should security access gates be installed, all units shall be properly wired to provide communication from the guard house to each unit and that a turnaround area shall be provided between the guard house or entrance device and any future gate location to prevent the stacking of vehicles should they be rejected entry into the facility. 8. The CC & R's shall contain restrictions against the conversion of garage spaces to any other use except the storage of motor vehicles. The City shall be a part of the CC & R's and any modification of the CC & R's concerning this conditions shall require approval by the City of Tustin. 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 Resolution No. 2113 September 12, 1983 Page 4 9. Due to the minimal number of project parking spaces to promote usage of single car garages for the storage of automobiles and not for storage or conversion to living spaces, garage door openers shall be installed on all garage doors. 10. The CC & R's and the Final Department of Real Estate report shall contain disclosure statements concerning the following matters: A. Potential Newport Avenue grade crossing to Edinger Avenue. B. Potential noise impacts from high speed commuter trains on the railroad tracks adjacent to site. C. Noise impacts from existing Costa Mesa Freeway and potential increases in Newport Avenue road traffic. 11. Environmental mitigation measures shall be required to reduce both exterior and interior noise levels to conform with the interior requirements of the City of Tustin Noise Ordinance. Said mitigation measures as recommended by the City -retained firm of Engineering Sciences, Inc. shall be included on the final plans for approval by the Planning Commission. Such mitigation measures may include construction of sound attenuation walls, increases in the quantity of structural insulation and reduction of exposed glazing. Noise attenuation measures shall be incorporated into the construction drawings as indicated in Figure and in the body of this Use Permit No. 83-16 report. Evidence of complying with value of Sound Transmission Classes (STC) as indicated on Figure 1 shall be required of the developer upon submittal of plan check drawings to the City Building Department. 12. All work within the public right-of-way will require a permit from the City of Tustin Engineering Department. 13. Sanitation District Water District, new development taxes, and parkland dedication fees are to be paid prior to building permit issuance. 14. 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 adjoining 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: 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 Resolution No. 2113 September 12, 1983 Page 5 a. curbs and gutters b. sidewalks c. drive aprons d. street pavement e. street trees f. street lights 15. The entry drive shall be revised to conform to C i ty of Tustin Standard Plan No. 108E. This radius type drive requires dedication of additional right-of-way as shown on said Standard Plan. 16. Continuous concrete curbs shall be provided to separate landscape planters from parking spaces and drive aisles. 17. All roof equipment and vents must be screened from view to the satisfaction of city staff. 18. All signs must be approved by the Planning Department prior to permit issuance. 19. Separate permits are required for plumbing, electrical, grading, signing and any work performed within the public right-of-way. 20. A looped domestic water system and easements shall be provided per the requirements of the City Engineer. If this water system is phased, the first phase shall be sized for a deadend system. A minimum of 4-5 water meters will be required depending on the building and plumbing layout. Separate meter(s) will be required for the landscape irrigation system. 21. The developer shall provide the city with a construction schedule of project phasing which will include the following: a. Time schedule for the anticipated commencement and completion of each phase. b. List of all community facilities to be completed in each phase. Each phase must satisfy all zoning, building and safety requirements and said requirements must be completed prior to final release of any structure. c. Construction program which will insure the health, safety and comfort of those residents occupying the initial phases while construction work continues on the site. 22. All required public improvements and Newport Avenue setback landscaping shall be completed prior to the release for occupancy of phase one. 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 Resolution No. 2113 September 12, 1983 Page 6 23. During all phases of construction the project shall institute accepted grading measures to control sedimentation runoff into the Upper Newport Bay drainage area. PASSED AND ADOPTED at a regular meeting of th Planning Commission, City of Tustin held on the day of 1983. %U ,az,� _ Janet Hester Recording Secretary James B. Sharp, C airm n