HomeMy WebLinkAboutORD 0931 (1985)1
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ORDINANCE N0. 931
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN APPROVING AMENDMENT N0. 1 TO ORDINANCE
N0. 922 FOR THE PROPERTY LOCATED AT 17432 TO
17442 MITCHELL AVENUE
The City Council of the City of Tustin does hereby ordain as follows:
I. The City Council finds and determines:
A. That a proper application has been filed by Yugi Naito of
S.B.C. Developers to amend (#1) Ordinance No. 922 to allow a
change in the development plan, known as Exhibit "C" for the
property located at 17432 and 17442 Mitchell Avenue.
B. That the development plan hereby establishes an apartment.
complex of 20 units for "Senior Citizens" of which 12 units
shall be rented at Fair Market Rates according to the Orange
County Housing Authority for a period of at least five years to
accommodate Section 8 Certificate holders.
C. That this change as applied for will not under the circumstances
of this case be detrimental to the health, safety, morals and
general welfare of the community and should be granted evidenced
by the following findings:
1. The intent of the PC-MF zone is to allow diversification of
land uses and accommoda'tion~ of this unique housing
opportunity for senior citizens.
2. The project as proposed conforms with the provisions of
both the City's general plan and zoning ordinance.
3. The project may not be amended in any substantial fashion
without approval by the City's Planning Commission and City
Council.
D. That a Negative Declaration was previously approved for this
project.
II. The City Council hereby approves the amendment (#1) to Ordinance No.
922 for the properties located at 17432-17442 subject to the
following conditions:
A. All conditions listed in Exhibit "A" of Ordinance 922 apply to
this project, except Condition No. 10.
B. The front landscaped setback area shall be a minimum of 10 feet.
C. That any minor changes to the development plan (Exhibit "C") may
be amended by the Community Development Director.
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Ordinance No. 931
page two
D. The location of the trash receptacles shall be reviewed by Waste
Management Inc. for access by their refuse trucks with respect
to the dead-end driveway and a letter provided to the City
indicating approval or disapproval.
E. Any controlled entry access shall be approved by the fire
marshal.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on
the 20th day of May 1985.
~v
FRANK H. GREINKE,
Mayor
Attest:
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MARY E. ~NN,
City C.le '..
EXHIBIT "A"
CONDITIONS OF APPROVAL
ZONE CHANGE 84-6
1. A final grading plan for the development shall be submitted for
review and approval.
2. Street improvement plans for the Mitchell Avenue frontage adjacent
to the parcels will be required. These street improvements may
include, but not be limited to the following items;
a. Curb and gutter;
b. Sidewalk;
c. Drive apron;
d. Street lights with underground conduit;
e. Street trees;
f. Sanitary sewer lateral;
g. Domestic water services;
3. The proposed development is comprised of two parcels. Either a
parcel map must be filed to consolidate these two parcels into one,
or the execution and recordation of a "Covenant and Agreement" to
hold both parcels as one.
4. Payment of East Orange County Water District fees at the time a
building permit is issued in the amount of $500 per dwelling unit.
5. Payment of Orange County Sanitation District No. 7 sewer connection
fees at the time a bui 1 di ng permi t i s i ssued i n the amount of $250
per dwelling unit.
6. Dedication for street and utility purposes to the satisfaction of the
City Engineer.
7. Fire hydrants are required to be operational prior to combustible
construction.
8. Satisfy all code requirements of Chapter 12 of the 1979 Uniform
Building Code.
9. The second floor units will require two exits.
10. 6 foot 8 inch block wall where needed on the perimeter of the
property.
11. The final site plan and architectural building elevations including
colors and materials of construction shall be subject to the approval
of the Director of Community Development.
Exhibit "A"
Zone Change 85-3
page two
12. Covenants, conditions and restrictions shall be recorded on the
subject property to limit occupancy to 62 years of age or older for
at least one (1) tenant per unit. The CC & Rs shall prohibit
conversion to any other form of occupancy without the review and
approval of the City of Tustin.
13. A landscape and irrigation plan shall be submitted for City staff
approval, and landscaping installed prior to occupancy of the subject
building.
14. All roof top mechanical equipment shall be screened from view.
15. The City shall be a party to the CC & Rs for enforcement purposes.
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EXHIBIT "B"
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ZONE CHANGE MAP
TUSTiN, CA.
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PC-MF: PLANNED COMMUNITY MULTIFAMILY
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Ordinance No. 931 was duly and regularly introduced and read at a regular meeting
of the City Council held on the 6th day of May, 1985, and was given its second
reading and duly passed and adopted at a regular meeting held on the 20th day of
May, 1985, by the following vote:
AYES COUNCILPERSONS: Edgar, Greinke, Hoesterey, Kennedy
NOES COUNCILPERSONS: None
ABSENT: COUNCILPERSONS: None
ABSTAINED: COUNCILPERSONS: Saltarelli
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City of Tustin, aliforni