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HomeMy WebLinkAboutPH VARIANCE 81-8 12-21-81DATE: TO: FROM: SUBdECT: December 21, 1981 7:30 PUBLIC ~EARING Inter-Corn Honorable Chairman and Planning Agency Members Community Development Department Variance No. 81-8 Location: 14882-14942 Newport Avenue, R3(1750) District Applicant: Cal State Associates CCLV "A" REQUEST: Authorization to convert the 296 unit Californian Apartment Complex into resi- dential condominums, and to vary with the development requirements set forth in the Planned Development District Regulations. RECOI~4ENDED ACTION: If the Agency considers the letter from the school district as sufficient evidence of the applicant's progress in purchasing the adjacent parcel, it would be appropriate to review the application. A draft resolution of approval accompanies this report which recommends favorable consideration. BACKGROUND: The Planning Agency first heard public testimony on the subject application on September 30, 198.1. Part of the plan was the proposal to use a 14,890 square foot parcel owned by the Tustin Unified School District to satisfy open space requirements of the Planned Development District. At that time Planning Agency felt it was not appropriate to review the proposal without a firm commitment from the school district to lease or sell the land to the applicant. As a re- sult, the public hearing was continued until such time as the applicant has a commitment from the district. The Applicant has since entered into negotiations with the school district for purchase of the property. A letter from Mr. Larry Sutherland of the district indicates favorably on the ultimate acquisition of the property by Cal State and recommends the Agency can take action on their request. DI~USSION: The first report was primarily concerned with the zoning and design questions of the site plan. The plan is unchanged from the first meeting and the report is included for further consideration. Planning Agency Report/V.81-8 -2- December 21, 1981 In further review of the staff's concerns over the conversion, the applicant has proposed the following checklist of items which he believes are appropriate to the successful completion of the conversion process: 1. Provide additional parking per code, as may be required by City Ordinance through installation of two {2) first and second story parking structures; 2. Provide an adequate noise abatement structure at locations to be deter- mined, at the South property line; 3. Acquire and improve approximately 14,890 sq.ft., of land from the Tustin Unified School district to provide sufficient "open space" in accordance with the 45% "open space" Tustin requirements; 4. Provide individual metering for all units in areas of electrical and plumb- ing (gas and water) services; 5. Correct the problems existing to the new owners satisfaction, all hot and cold malfunctions in water systems; 6. Correct all roof leaks and include a new superficial material for sloping surfaces to permit proper drainage; 7. Provide a one (1) hour fire separation between all units; 8. Provide new guest and handicapped parking together with a new Parking As- signment Plan for all owners; g. Provide new heating/air conditioning systems in individual units as may be required. 10. Provide new structural elements as where may be required, i.e., stairs, canopies, etc.; 11. Paint exterior of project throughout; 12. Repair and replace all paving and subbase as may be required; 13. Correct leaking ceramic tile installations as may be required; 14. Provide new security system per code as required throughout; 15. Other modifications as may be required by the Tustin Planning Agency; 16. Provide approved trash collecting systems; - Planning Agency Report/V.81-8 -3- December 21, 1981 17. Up-grade and repair all recreational (In-door and out-door), amenities as may be required; 18. Provide added landscaping throughout project including approximately 35, 15 gallon, potted and irrigated trees interspersed throughout project; 19. Provide new security lighting system. As part of the review process, the applicant submitted a consultant report on the condition of the faulty heating and hot water system. This document was reviewed by the City's building consultant who agreed with its conclusions and recommendations. The City's consultant also recommended analysis of the found-ation, framing, wall coverings, roof, utility systems and built-in appliances through on-site inspections. Also included with this report is a letter from the Tustin Unified School Dis- trict confirming the purchase agreement. Staff has been contacted by the school district's engineer who is drafting a subdivision map for the parcel. FINDINGS AND CONCLUSIONS: Staff's recommendation has been based upon the following: i. The development can satisfy the intent of Planned Development District re- gulations if the following items are accomplished: a. Construction of two parking structures for 698 vehicles, and; b. The purchase of the 14,890 sq.ft, parcel for addition into the complex for open space use, and; Authorization by variance approval to allow covered patios to be count- ed towards open space requirements (approximately 2%, total coverage would be 57%). 2. The useable on-site open space will be increased by consolidation of park- ing and the incorporation of additional land area. 3. The on-site noise level generated by the railroad should be reduced by the incorporation of a sound attenuation wall in the south parking structure. 4. The vacant school district property will be improved by the incorporation of passive open space activities. The complex has, in recent times, suffered from lack of adequate mainten- ance and repair and that some of the problems in this area may be due to design deficiencies, i.e. flat roofs. Extensive work is needed to bring the buildings up to an acceptble condition. This can be accomplished through improvements required in the use permit procedure. Planning Agency Report/V.81-8 -4- December 21, 1981 As evidenced by structural investigations, the re-design, repair and construction of the buildings will be an extensive project. Some of the problems and remedies may still not be known until work has commenced. It is, therefore, recommended that if the project is approved, a condition of the permit should be the retention of a deputy inspector {at developer expense) for full-time duty at the site. The seemingly never ending problems of the roofs and hot water system appear to be a problem of design. These two elements should be re-designed and re-built as a condition of approval. A relocation assistance plan should be provided for review by the Agency prior to any construction permits being issued. This plan should include: a. Relocation benefits. b. Time periods for construction work and notification procedures to tenants. c. Temporary relocation plan for those tenants wishing to buy their units. d. A parking plan for the construction time period. AGW/mi November 2¢, 1981 Cal State Associates 17777 Crenshaw Boulevard, Suite 1'02 Torrance, California 90504 Attention: Eugene E. Vollucci, President Gentlemen: i Re: Sale of Vacant Parcel, 15,000+/- square feet This is in response to your letter of November 23, 1981, regarding the intended sale of the above-referenced real property, owned by this school district, adjacent to the California Apartments. Unfortunately, I am unable to execute the "Letter of Intent" as presented, inasmuch as it portends that the school district can agree to a sale to a particular party. We are obliged by law (the California Education Code and Government Code) to follow procedures which require advertising the property for sale by competitive bidding, after offering it to the City, County and certain other public agencies for park, recreation or housing uses. Eealistically, considering the size and location of the property, we do not expect t~at any of those agencies will desire to purchase it. However, we must comply with the legal requirements, which include a 60-day period for those agencies to respond. Also realistically, we do not expect any other party to be interested in purchasing the property at a price as high as your firm ~ay expect to pay for it. However, we must advertise for and receive bids, which process normally takes 45-60 days. Recognizing the foregoing, however, it is the school district's present intention to proceed wit~ the steps )eading toward a sale, which we expect will be to Ca1 State Associates, Inc., essentially on the basic terms as out- lined in your letter of November 23. Accordingly, we recommend to the City of Tustin Planning Agency that they recognize that the proposed sale likely will take place, and proceed with the review of your condominium project, to include the portion of property which you expect to acquire from the school district. Sincerely, ~ . ~ L. E. Sutherland~J~r. F!anager, Support Services LES:cmc ', 500 sooth C str eet: e sei , catigor nia 996 0 * 714-730-7301 , DATE: September 30, 1981  7: PUBLIC HBARING Inter-Corn TO: FROM: SUBJECT: Honorable Chairman and Planning Agency Members Community Development Department Variance No. 81-8 Location: 14882-14942 Newport Avenue, R3(1750) District Applicant: Cal State Associates CCLV "A" REQUEST: Authorization to convert the 296 unit apartment complex at 14882-14942 Newport Avenue into residential condominiums, and to vary with the open space require- ments set forth in the Planned Development District Regulations. RECOMMENDED ACTION: Due to the complexity of this proposal, it is recommended that the Planning Agency review and approve the zoning code considerations of the site and continue the review of the building code items until the October 19, 1981 meeting. BACKGROUND: The Californian Apartments were developed in November of 1969 as authorized by the now defunct Architectural Review Committee. Since its inception, the complex has gone through a number of owners and an apparent lack of adequate maintenance. The City Council and staff in recent years have received numerous complaints regarding problems with the water and heating systems, and the roofs and stairwells. The City Planning and Building staff have been working exten- sively with contractors representing the owners since October of 1980 on a case by case basis to ensure compliance with building codes. The latest permit applied for (September 29, 1981) was for roof repair of one structure. DISCUSSION: Due to the extensive building problems, the question of conversion to condo- miniums for this project must be divided into two distinct aspects. In addition to the zoning and site design consideration normally reviewed, the City should seriously look into the adequacy of the structures and their components for condominium ownership and management. To ease the hearing process, staff is recommending that these two aspects, zoning and building, be reviewed separately due to the scope of the project. The report for this meeting will center around the zoning requirements of the Planned Development District (PD). It is recommended that the next meeting deal solely with the building concerns. By that time, staff should have completed an analysis from the City's Building consultant regarding code problems with the structures. SITE AND DESIGN REVIEW: In order proposed to com~ly with the provisions of the PD District, the architect has the following modifications to the 296 unit complex: The construction of two 229 space parking structures (one along each interior side property line). The total of 598 spaces satisfies minimum requirements. A parking space allotment plan has been sub- mitted. The longest distance from any one unit to a reserved space is 120 yards. A portion of the rear property line abuts the City-owned tennis courts along School Lane. The applicant is therefore requesting authorization to develop the 45% open space as allowed in the PD District. In order to attain the 45% open space, the applicant is requesting the following: a) b) The inclusion of 14,890 square feet of developed open space leased from the Tustin School District into the project's net land area. This should be accomplished by subdivision with a 35 year lease agreement. The allowance of approximately 5300 square feet of first and second floor covered patios in the open space allotment. The applicant is agreeable to removing the roof covering on all the second floor patios. Without these considerations the proposal would fall short of the open space requirements. The lease agreement land, which will require a parcel map, is about 6% of the open space area and the covered patios are approximately 2% of the open space. Emergency access through the project is to be provided with the aid of a combination walkway and turf block system along the rear quarter of the project. This emergency route would be open only for emergency purposes. The remainder of the time it will form a part of the landscaped open space. The parking structures must be designed to a minimum clearance of 13'-6" to allow for fire vehicles and the roadway should satify all fire department require- ments. A tentative and final map will be required to be filed for a condominium conversion. All future buyers of these units will require notification that Newport Avenue may be extended southerly to connect with Edinger St. Notification of same by the developer should be a condition of approval of both this variance/use permit and the tract map. The extension of Newport Avenue could have an impact on some of the future buyers/residents of this development, especially those units adjacent to and near Newport Avenue. MOSt Of the public improvements have been constructed with the previous apart- ment development. However, any missing or damaged improvements adjacent to this development will require replacement. There is an approximate i 1/2:1 slope at the back edge of sidewalk sloping down to the on site development. Either this slope should be regraded to provide a one foot wide level area at the back of sidewalk or a fence/wall should be installed to prevent pedestrians from falling down the slope. An on site trash collection program needs to be clarified and reviewed by the refuse hauler (SCA). Interior pickups to one or two central stations for collection has been discussed. The parking structures should be modified for hammer head turn around capacity and the ramp design should be studied for adequate width and motorist visibility. FINDINGS AND CONCLUSIONS: 1. The useable on site open space will increase by the consolidation of parking and the addition of the lease land. The on site noise level generated by the railroad should be reduced by the incorporation of a sound attenuation wall in the south parking structure. 3. The vacant school district property will be improved by the incor- poration of passive open space activities. 4. The development will satisfy the intent of the PD District regula- tions. BUILDING REVIEW: As suggested earlier in this report, it is recommended that the Agency tenta- tively approve the site plan proposal. Then it would be appropriate for the Agency to take further testimony regarding Building Code items. Staff under- stands that a great many of the concerns by the tenants will revolve around these items. From this testimony and input from the Building Consultant, staff will prepare an in-depth study for the next meeting. Specific subjects which will be discussed in that report include: 1. Roof leakage 2. Heating problems 3. Water problems 4. Structural concerns with the stairways 5. Tenant purchase and relocation plans 6. Phased construction program AGW/llh 1 $ 4 5 ? gO RESOLUTION NO. 2013 A RESOLUTION OF THE PLANNING AGENCY OF THE CITY OF TUSTIN, GRANTING AUTHORIZATION TO VARY WITH PLANNED DEVELOPMENT DISTRICT PROVISIONS AND ALLOW CONVERSION OF THE CALIFORNIAN APARTMENTS TO 296 RESIDENTIAL CONDOMINIUMS The Planning Agency of the City of Tustin does hereby resolve as fol- lows: I. The Planning Agency finds and determines as follows: Ae That a proper application (Variance No. 81-8), was filed on behalf of Cal State Associates CCLV "A" requesting authoriza- tion to vary with the requirements of the Planned Development District to allow 43% open space and convert the Californian apartments 14882-14942 Newport Avenue to 296 condominium units. B. That a public hearing was duly called, noticed and held on said application. Ce That because of special circumstances applicable to the sub- ject property, relative to size, shape, topography, location or surroundings, a strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoy- ed by other properties in the vicinity and under identical zone classification, evidenced by the following findings: 1. The use is in conformance with the land use element of the Tustin Area General Plan. The conversion will imporve the project by incorporating amenities and repairs as required by development standard as condition of variance approval. That the granting of a variance as herein provided will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and dis- trict in which the subject property is situated. E. That this project is categorically exempt from the require- ments of the California Environmental Quality Act. That the granting of the variance as herein provided will not be contra~ to the intent of the Zoning Ordinance or the pub- lic safety, health and welfare, and said variance should be granted. 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 Codes as asministered by the Orange County Fire Marshall; and street improvement requirements as administered by the City Engineer. Resolution No. 2013 Page 2 December 21, 1981 H. Final development plans shall require the review and approval of the Community Development Director. II. Planning Agency hereby grants a variance as applied for, to authorize the conversion of the Californian Apartments to condominiums, subject to the following conditions: Ae That a total of 598 parking spaces shall be provided on-site for the exclusive use of the residents. The parking shall be provided in two parking structures which shall include the following items in their designs: 10 11 The interior height clearance shall be 13'-6" to allow for emergency fire vehicle access. The strucjture along the northern property line shall not exceed 20'-0" in height. The northerly face of the northern structure shall incorporate amenities such as texture designs and planters to mitigate any visual impact upon the neighboring condominium project. The parking structures shall be integrated with the existing residential structures in conformance with zoning code provisions. 16 19 2O 21 24 25 Be 5. The parking structures shall be designed to accommodate fire department apparatus and shall be sprinklered. That a 20'-0" emergency fire lane shall be provided around the complex with an access/exit drive at the Carfax Avenue cul-de-sac. Compliance with the Subdivision Map Act by the submission of Tentative Tract Map, the recordation of a Final Map and of Covenants, Conditions, and Restrictions for the project prior to the issuance of building permits. The Tract shall include the adjacent parcel purchased from the School District. The construction of all missing or damaged street improvements adjacent to the property is required to include, but not limited to, the following: 1. Curb and gutter 2. Sidewalk 3. Drive aprons 4. Street trees Final site plan shall indicate the appropriate City standard drawing numbers for any proposed work. 1 5 ? 8 10 !0 Fe Je te Me That a 3'-0" garden wall shall be provided along the front property line adjacent to the public side walk That the Covenants, Conditions, and Restrictions shall contain, but not limited to, the following items: 1. Notification to owners of the possible extension of Newport Avenue to Edinger Street. 2. A parking allocation plan which will limit the distances from an owner's unit to their reserved parking spaces. That construction plans and specification for the repair and improvement of the structures shall be submitted t~ the City for review. These plans shall include grading, structural, electrical, plumbing, and landscaping specifications and they shall address, but shall not be limited to the following: a) Roof reconstruction b) Heating system c) Water system d) Stairway repair That the hot water loop system shall be eliminated by means of making each building or small cluster of buildings operate on an independent system. That the space heating coils located above the ceiling shall be replaced with wall mounted heating units, or with one central unit per apartment. All overhead electrical and similar service wires or cables will require conversion to underground services. Approval of the final parking layout and trash enclosure location by the City's contract refuse collection service. On-site trash enclosures shall be located for convenient resident use and shall include: 1. Trash compactors for each unit, and; 2. Local containers for resident use, and; 3. On-site pick-up service, provided by the association, to the main enclosures for City pickup. Compliance with all provisions of Conversion Ordinance No. 822 and of the Planned Development District. The applicant shall provide a deputy inspector, the selection to be approved by the Community Development Director, for the entire construction period. 1 2 3' 4 51 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 O. That new security lighting shall be provided throughout the compl ex. PASSED AND ADOPTED at a regular meeting of the Tustin Planning AgenCy, held on the day of , 1981. James B. Sharp, Chairman Maria Ivory Recording Secretary l 1 1 1 NVINGIlVO 3H.L ii' 4 NVIN~IOdI'TfO ~ I~dl#~lOd I'lVO :~FLL lCVlNMO-I I'lVO :IH.L ~ .i