HomeMy WebLinkAboutCC RES 07-78RESOLUTION NO.07-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING TENTATIVE TRACT MAP 17096 TO
SUBDIVIDE AN EXISTING PARCEL CONTAINING 60
APARTMENT UNITS TO ACCOMMODATE A 77-UNIT NEW
CONDOMINIUM PROJECT LOCATED AT 1972 MITCHELL
AVENUE AND 14251-14351 BROWNING AVENUE
The City Council of the City of Tustin does hereby resolve as follows:
The City Council finds and determines as follows:
A. That a proper application for Zone Change 06-002 and Tentative Tract
Map 17096 was submitted by Sun-Cal Browning LLC requesting
approval to rezone and subdivide a 4.1-acre (net area) parcel for
development of a 77-unit condominium complex on properties located at
1972 Mitchell Avenue and 14251-14351 Browning Avenue;
B. That a public hearing was duly called, noticed, and held for Zone Change
06-002, Tentative Tract Map 17096, Conditional Use Permit 06-024, and
Design Review 06-020 on August 28, 2007, and September 11, 2007, by
the Planning Commission;
C. The proposed subdivision is in conformance with the Tustin General Plan
land use designation of High Density Residential (HDR) and Multiple
Family Residential (R-3) zoning district (if Zone Change 06-002 is
approved by the City Council) in that these designations provide for the
development of residential condominium units;
D. Intentionally left blank;
E. As conditioned, the map would be in conformance with the State
Subdivision Map Act and Tustin City Code Section 9323 (Subdivision
Code);
F. That the Public Works Department has reviewed the tentative map and
determined that it is technically correct;
G. That the site is physically suitable for the proposed density and type of
development;
H. That the design of the subdivision or the types of improvements
proposed are not likely to cause serious public health problems;
I. The proposed subdivision is not located within a 100-year flood plain
according to the Federal Emergency Management Agency map for the
area dated February 18, 2004;
Resolution No. 07-78
Tentative Tract Map 17096
November 6, 2007
Page 2
J. That development of the site will require the developer to dedicate in
fee title property to the City of Tustin including a 33-foot dedication in
fee along Mitchell Avenue and 40-foot dedication in fee along Browning
Avenue for public rights-of-way previously dedicated as public
easements;
K. That the Building Official has considered and approved deviations to
the Private Improvement Standard to allow turning radii of less than 25
feet for private drives accessing private garages;
L. That the tentative tract map or the proposed improvements are not likely
to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife in their habitat;
M. That a Notice of Intent to Adopt a Mitigated Negative Declaration (MND)
was published and the Draft Negative Declaration and Initial Study were
made available fora 20-day public review and comment period from
August 3, 2007, to August 22, 2007, in compliance with Sections 15072
and 15105 of the State CEQA Guidelines and the -City Council adopted
the Mitigated Negative Declaration related to Zone Change 06-002,
Tentative Tract Map 17096, Conditional Use Permit 06-024 and Design
Review 06-020 by adopting Resolution No. 07-77; and,
N. That approval of Zone Change 06-002 to rezone the property to Multiple
Family Residential (R-3) is required for the proposed number of units.
The City Council had the first reading of the Ordinance No. 1343 on
November 6, 2007.
II. The City Council hereby approves Tentative Tract Map 17096 to subdivide a
4.1-acre (net area) parcel for development of a 77-unit condominium project
located at 1972 Mitchell Avenue and 14251-14351 Browning Avenue, subject to
the conditions contained in Exhibit A attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the
6th day of November, 2007.
PAMELA STOKER
CITY CLERK
Resolution No. 07-78
Tentative Tract Map 17096
November 6, 2007
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, do 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 Resolution No. 07-78
was duly passed and adopted at a regular meeting of the Tustin City Council, held on
the 6th day of November, 2007, by the following vote:
COUNCILMEMBER AYES: Amante, Davert, Palmer (3)
COUNCILMEMBER NOES: Kawashima (1)
COUNCILMEMBER ABSTAINED: Bone (1)
COUNCILMEMBER ABSENT: None (0)
PAMELA STOKER
CITY CLERK
EXHIBIT A
RESOLUTION NO.07-78
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted
improvement plans dated November 6, 2007, on file with the Community
Development Department, except as herein modified, or as modified by the
Director of Community Development in accordance with this Exhibit. The
Director of Community Development may also approve minor modifications
to plans during plan check if such modifications are to be consistent with the
provisions of the Tustin City Code and other applicable codes.
(1) 1.2 Approval of Tentative Tract Map 17096 is contingent upon the applicant
returning to the Community Development Department a notarized
"Agreement to Conditions Imposed" form and the property owner signing and
recording with the County Clerk-Recorder a notarized "Notice of Discretionary
Permit Approval and Conditions of Approval" form. The forms shall be
established by the Director of Community Development, and evidence of
recordation shall be provided to the Community Development Department.
(1) 1.3 As a condition of approval of Tentative Tract Map 17096, the applicant shall
agree, at its sole cost and expense, to defend, indemnify, and hold harmless
the City, its officers, employees, agents, and consultants, from any claim,
action, or proceeding brought by a third-party against the City, its officers,
agents, and employees, which seeks to attack, set aside, challenge, void, or
annul an approval of the City Council, the Planning Commission, or any other
decision-making body, including staff, concerning this project. The City
agrees to promptly notify the applicant of any such claim or action filed
against the City and to fully cooperate in the defense of any such action. The
City may, at its sole cost and expense, elect to participate in defense of any
such action under this condition.
(1) 1.4 Within twenty-four (24) months from tentative map approval, the subdivider
shall record with appropriate agencies a Final Map prepared in accordance
with subdivision requirements of the Tustin Municipal Code, the State
Subdivision Map Act, and applicable conditions contained herein unless an
extension is granted pursuant to Section 9323 of the Tustin Municipal Code.
Time extensions may be considered if a written request is received by the
Community Development Department within thirty (30) days prior to
expiration.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
Resolution No. 07-78
Page 4 of 12
(3) UNIFORM BUILDING CODES (7) PC/CC POLICY
(4) DESIGN REVIEW
*** EXCEPTION
(1) 1.5 The subdivider shall conform to all applicable requirements of the State
Subdivision Map Act, the City's Subdivision Ordinance, and the City's zoning
regulations.
(1) 1.6 Prior to Final Map approval by the City Council, the subdivider shall execute
ahold-harmless agreement and provide a Certificate of Insurance pursuant
to Section 9325 of the Tustin City Code.
(1) 1.7 Prior to Final Map approval, the subdivider shall submit:
A. A current title report; and,
B. A duplicate mylar of the Final Map or 8'/2 inch by 11 inch
transparency of each map sheet prior to Final Map approval and "as
built" grading, landscape, and improvement plans prior to Certificate
of Acceptance.
(***) 1.8 Ordinance No. 1343 rezoning the property from the R-4 Zone to the R-3
Zone shall not become effective until recordation of a covenant running
with the land and the final subdivision map. The covenant running with the
land shall provide that no more than 77 dwelling units shall be developed
and maintained on the property and that in the event building permits for
the construction of the project as approved pursuant to Design Review
(DR) 6-20 and Conditional Use Permit (CUP) No.6-24 are not issued within
sixty (60) days of recordation of the final map or within 24 months
whichever occurs first, the Developer and/or Owner of the property and
their successors and assigns will not contest or protest the rezoning of the
property from R-3 Zone to the R-4 Zone, nor will any of them contest or
protest the invalidation of CUP No. 6-24, D R 6-20 approval, and other
project approvals.
(***) 1.9 Intentionally left blank.
(***) 1.10 This Resolution and Tenative Tract Map 17096 shall be null and void in the
event that building permits for the construction of the project as approved
pursuant to CUP No.6-24 and DR 6-20 are not issued within sixty (60) days
after recordation of the City Council approval of the final map or 24 months,
whichever occurs first.
PUBLIC WORKS DEPARTMENT
(1) 2.1 All dedication and easement requirements for street rights-of-way along
Browning Avenue and Mitchell Avenue and the appropriate corner cut-off
on Browning Avenue .shall be satisfied as depicted on the tentative tract
map.
Resolution No. 07-78
Page 5 of 12
(1) 2.2 The subdivider shall satisfy grant in fee, dedication and/or reservation
requirements as applicable, including but not limited to, dedication of all
required street and flood control right-of-way easements, vehicular access
rights, sewer easements, and water easements defined and approved as to
specific locations by the City Engineer and other agencies.
(1) 2.3 Subdivider's execution of a subdivision and monumentation agreement and
furnishing the improvement and monumentation bonds as required by the
City Engineer prior to recordation of the Final Map.
(1) 2.4 Preparation and recordation of a final subdivision map shall be required
(1) 2.5 In addition to the normal full size plan submittal process, all final development
plans including, but not limited to: tract maps, parcel maps, right-of-way
maps, records of survey, public works improvements, private infrastructure
improvements, final grading plans, and site plans are also required to be
submitted to the Public Works Department/Engineering Division in computer
aided design and drafting (CADD) format. The standard file format is
AutoCAD Release 2004 having the extension DWG. Likewise, layering and
linetype conventions are AutoCAD-based (latest version available upon
request from the Engineering Division). In order to interchangeably utilize the
data contained in the infrastructure mapping system, CADD drawings must
be in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD
compatible CADD software). The most current version of AutoCAD is
Release 2004. Drawings created in AutoCAD Release 2004 are compatible
and acceptable.
The CADD files shall be submitted to the City at the time the plans are
approved and updated CADD files reflecting the "as built" conditions shall be
submitted once all construction has been completed. The subdivision bonds
will not be released until the "as built" CADD files have been submitted.
COVENANTS, CONDITIONS, AND RESTRICTIONS (CC&Rs)
(1) 3.1 All organizational documents for the project including any covenants,
conditions, and restrictions (CC&Rs) shall be submitted to and approved by
the Community Development Department and the City Attorney's Office.
Costs for such review shall be borne by the subdivider. The approved
CC&Rs shall be recorded with County Recorder's Office at the same time as
recordation of the Final Map. A copy of the final documents shall be
submitted to the Community Development Department after recordation.
(1) 3.2 No dwelling unit in the development shall be sold or a Certificate of
Occupancy issued, unless a homeowners association has been legally
formed with the right to assess all these properties which are jointly owned or
benefited to operate and maintain all other mutually available features of the
development including, but not limited to, open space, amenities,
Resolution No. 07-78
Page 6 of 12
landscaping, slope maintenance/landscaping, private streets, and utilities. No
dwelling unit shall be sold unless all approved and required open space,
amenities, landscaping, or other improvements, or approved phases thereof,
have been completed or completion is assured by a development agreement
or financing guarantee method approved by the City. The CC&Rs shall
include, but not be limited to, the following provisions:
A. The City shall be included as a party to the CC&Rs for enforcement
purposes of those CC&R provisions in which the City has interest as
reflected in the following provisions. However, the City shall not be
obligated to enforce the CC&Rs.
B. The requirement that association bylaws be established.
C. Provisions for effective establishment, operation, management, use,
repair, and maintenance of all common areas and facilities including
recreational buildings and amenities, landscaped areas and lots,
walls and fences, private roadways (i.e., walks, sidewalks, trails),
parkland facilities and bikeways, and open space areas.
D. Membership in the homeowners association shall be inseparable
from ownership in individual units.
E. Architectural controls shall be provided and may include, but not be
limited to, provisions regulating exterior finishes, roof materials,
fences and walls, accessory structures such as patios, sunshades,
trellises, gazebos, awnings, exterior mechanical equipment,
television and radio antenna, consistent with the Tustin City Code.
F. Maintenance standards shall be provided for applicable items listed
in Section C above in CC&Rs. Examples of maintenance standards
are shown below.
1. All common area landscaping and private areas visible from
any public way shall be properly maintained such that they
are evenly cut, evenly edged, free of bare or brown spots,
debris, and weeds. All trees and shrubs shall be trimmed so
they do not impede vehicular or pedestrian traffic. Trees shall
be pruned so they do not intrude into neighboring properties
and shall be maintained so they do not have droppings or
create other nuisances to neighboring properties. All trees
shall also be root pruned to eliminate exposed surface roots
and damage to sidewalks, driveways, and structures.
2. All private roadways, sidewalks, and open space areas shall
be maintained so that they are safe for users. Significant
pavement cracks, pavement distress, excessive slab
Resolution No. 07-78
Page 7 of 12
settlement, abrupt vertical variations, and debris on travel
ways should be removed or repaired promptly.
3. Common areas shall be maintained in such a manner as to
avoid the reasonable determination of a duly authorized
official of the City that a public nuisance has been created by
the absence of adequate maintenance such as to be
detrimental to public health, safety, or general welfare.
G. Homeowners association approval of exterior improvements
requiring a building permit shall be obtained prior to requesting a
building permit from the City of Tustin Community Development
Department. All plans for exterior improvements shall conform to
requirements set forth by the City and the CC&Rs.
H. Private open space areas within the common area shall be
illustrated on a "Private Open Space Exhibit" and shall be made part
of the CC&Rs and shall specify those portions of the common open
space area that are allocated for private use and public use and
access rights in perpetuity. The CC&Rs shall include a separate 8'/2
inch by 11 inch dimensioned site plan for each unit that is allocated
private open space.
I. The approved site plan showing the dedication areas and provisions
for maintenance of these areas by the homeowners association.
J The approved "Site/Parking Plan Exhibit" and "Waste Management
Plan Exhibit" shall be made part of the CC&Rs and shall be enforced
by the homeowners association. In addition to the exhibit, provisions
regarding parking shall be included in the CC&Rs, including the
following:
1. All units are required to maintain atwo-car garage.
2. The project site provides 25 parking spaces. Twenty spaces
are required to remain as unassigned guest parking spaces
that shall be permanently maintained in locations shown on
the "Site/Parking Exhibit."
3. Residents shall not store or park any non-motorized vehicles,
trailers or motorized vehicles that exceed 7 feet high, 7 feet
wide, and 19 feet long in any parking space, driveway, or
private street area except for the purpose of loading,
unloading, making deliveries or emergency repairs except that
the homeowners association may adopt rules and regulations
to authorize exceptions.
Resolution No. 07-78
Page 8 of 12
4. Residents shall park vehicles in garage spaces. Storage of
personal items may occur in the garages only to the extent
that vehicles may still be parked within the required garage
spaces.
5. The homeowners association shall be responsible for
monitoring and enforcing all parking and traffic regulations on
private streets. The proposed CC&Rs shall include provisions
requiring the association to develop and adopt an
enforcement program for parking and traffic regulations within
the development which may include measures for fire access
and enforcement by a private security company.
6. The private yards for units along the westerly property line
shall be only improved with landscaping and hardscaping. No
trellis or accessory structure is permitted.
7. Private patios along the westerly property line shall be
designed with a 2-3 landscaping edge for landscape
improvements. The developer shall install the landscaping
and irrigation system for these areas to ensure that the
planting remain healthy. The homeowners are responsible to
maintain the private yards. Trees including the trees between
private patios shall be maintained and replaced as necessary
by the homeowner's association.
K. Provisions for enforcing the "Waste Management Plan" to minimize
backing into private streets. Trashcans shall be placed only in the
locations identified on the approved "Waste Management Plan."
Residents are required to store their trash and recycling carts within
the area designated within the garage. Prior to collection day, the
residents need to move the carts to an area immediately outside
their garage, where a Homeowner Association Employee will be in
charge of relocating them to the designated parking stalls that are
marked and designated accordingly. The carts shall be placed in the
common drives no earlier than noon on the day before scheduled
collections and removed within twelve (12) hours of collection. Any
changes or modifications to the approved waste management plan
shall be submitted to the Public Works Department for review and
approval.
L. Television and radio antennas shall be installed in accordance with
the requirements of the Tustin City Code.
M. The homeowners association shall be required to file the names,
addresses, and telephone numbers of at least one member of the
Resolution No. 07-78
Page 9 of 12
homeowners association Board and, where applicable, a manager of
the project before January 1st of each year with the City of Tustin
Community Development Department for the purpose of contacting
the association in the case of emergency or in those cases where
the City has an interest in CC&R violations.
N. The homeowners association shall be responsible for establishing
and following procedures for providing access to public utilities for
maintenance of their facilities within the project area, subject to
those agencies' approval.
O. No amendment to alter, modify, terminate, or change the
homeowners association's obligation to maintain the common areas
and the project perimeter wall or other CC&R provisions in which the
City has an interest, as noted above, or to alter, modify, terminate, or
change the City's right to enforce maintenance of the common areas
and maintenance of the project perimeter wall, shall be permitted
without the prior written approval of the City of Tustin Community
Development Department.
P. No delivery and or moving trucks larger than 40 feet shall be
permitted on the private drives of the condominium projects with less
than 25 foot radius turns.
HOMEBUYER NOTIFICATION
(1) 4.1 Prior to recordation of the Final Map, the subdivider shall submit to the
Community Development Department for review and approval a
homebuyer notification document that includes the notifications listed
below. The notification document shall be signed by each homebuyer prior
to final inspection and occupancy, and a copy of the signed notification
shall be provided to the Community Development Department prior to final
inspection and/or issuance of each Certificate of Occupancy.
A. A notice for roadway noise from Mitchell Avenue and Browning
Avenue that may impact the subdivision.
B. A notice, to be reviewed by the City of Tustin and the Tustin Unified
School District, regarding the location of existing and proposed
elementary, middle, and high schools which will serve the
subdivision (text and map).
C. A notice regarding units that are adjacent to aboveground utilities or
structures (such as light standards and fire hydrants) identifying the
type of structure and their locations.
Resolution No. 07-78
Page 10 of 12
D. A notice indicating that any use of a residence for a business shall
be subject to the City's Home Occupation Ordinance and may
require zoning clearance and a business license.
E. A notice explaining the easements, facilities, amenities, and
dedications that will be provided on lettered lots and indicating all on-
site streets, alleys, paseos, and common areas are to be maintained
by the homeowners association.
F. A notice, to be approved by the City Attorney, indicating that neither
the site, nor the project nor any part thereof any street or sidewalk,
alleyway, or paseo thereon shall be privately gated, provided
however that any swimming pool and/or spa facility within the
common area and any indoor common area improvements, including
any clubhouse and bathrooms, may be gated or locked and made
available solely to residents of the project and their guests.
G. A notice stating trash bins shall be placed in designated areas as
shown on the approved "Waste Management Exhibit" no earlier than
noon on the day before scheduled collections and removed within
twelve (12) hours of collection.
H. A notice indicating that surrounding properties may be developed in
accordance with City ordinances in a manner which may partially or
totally obstruct views from the owner's unit and that the City of Tustin
makes no claim, warranty, or guarantee that views from any unit will
be preserved as development of surrounding properties occurs.
I. A notice explaining and providing a copy of a "Private Open Space
Exhibit" and separate 8'/2 inch by 11 inch dimensioned site plan for
each unit that is allocated private open space within the common
area.
J. A notice explaining and providing a copy of the approved
"Site/Parking Exhibit" and related CC&R provisions.
K. A notice explaining the phasing of construction within the subdivision
and that activity may be disruptive.
L. The developer shall notify all homebuyers that future
Assessment/Maintenance Districts may affect the property.
M. A notice stating that on-street parking currently available Browning
Avenue may be restricted in the near future and upon construction of
the project.
Resolution No. 07-78
Page 11 of 12
N. A notice indicating that the private yards for units along the westerly
property line shall be only improved with landscaping and
hardscaping. No trellis or accessory structure is permitted.
FEES
(1) 5.1 Prior to issuance of the first building permit, the subdivider shall submit in-
lieu parkland dedication fees in an amount and form as required by the
Director of the Parks and Recreation Department.
(1) 5.2 The applicant shall submit all fees required by the City and other agencies
as identified in Resolution No. 07-79.
(1) 5.3 The applicant shall reimburse the City of Tustin for the actual cost incurred
to the City by the City Attorney for review of the CC&Rs and homebuyer
notification per City Council Resolution 06-85.
Resolution No. 07-78
Page 12 of 12