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HomeMy WebLinkAboutPC RES 4133RESOLUTION NO. 4133 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 09-023 AUTHORIZING THE DEVELOPMENT OF 84 DUPLEX CLUSTER HOMES AND ASSOCIATED SITE AND INFRASTRUCTURE IMPROVEMENTS AT AINSLEY PARK IN COLUMBUS GROVE AT TUSTIN LEGACY, ALSO REFERRED TO AS LOTS 242 AND 243 OF TRACT 16582 The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Design Review (DR) 09-023 was filed by Mike McMillen of William Lyon Homes, Inc. on behalf of property owner ORA Ainsley Park 84, LLC, to request authorization to develop 84 cluster-duplex homes including associated infrastructure and site improvements, referred to as Ainsley Park at Columbus Grove, located on Lots 242 and 243 of Tract 16582, at Tustin Legacy; B. That the site is located in the "MCAS Tustin Specific Plan" land use designation of the General Plan, which provides for residential development, and on Reuse Disposition Parcel 36 in Planning Area 21 of the MCAS Tustin Specific Plan, which is designated for Low Density Residential on MCAS and permits single-family attached dwelling units and duplexes; C. That the 84-unit project was originally approved as part of Design Review 04-004 by Planning Commission Resolution No. 3947 on February 14, 2005, and Tentative Tract Map 16582 by City Council Resolution No. 05- 37 on February 22, 2009, for the overall community of Columbus Grove (465 units total); D. That on June 26, 2006, the Planning Commission adopted Resolution No. 4025, denying requested amendments to simplify the architecture of the Ainsley Park products, and directed the applicant to work with staff to provide a compatible design for Ainsley Park that suited the approved dominant architectural styles within the community and which continued to provide distinctive character for both units; E. That staff and the applicant at the time worked together to achieve a design that was appropriate for the individual buildings and compatible with the community architecture and that the building permit plan checks were approved by City departments and ready for permit issuance, but that the applicant chose not to obtain permits and therefore the building permit plan checks expired; F. That pursuant to Tustin City Code (TCC) Section 9272d(4), development shall commence within a period of eighteen months, otherwise, a new evaluation and review shall be required prior to any development; Planning Commission Resolution No. 4133 Page 2 G. That construction of housing units at the Ainsley Park site never commenced and that pursuant to Tustin City Code Section 9272d(4), the Design Review as it pertains to Ainsley Park is considered null and so a new application (DR 09-023) for development of the site has been submitted; H. That the submitted plans for DR 09-023 are consistent with the plans that were previously approved by the Community Development Department; I. That although a new Design Review application is required for the subject project, all applicable conditions from Planning Commission Resolution No. 3947 and City Council Resolution No. 05-37 remain applicable to DR 09-023; That a public meeting was duly called for and held for Design Review 09- 023 on October 27, 2009, by the Planning Commission; K. That pursuant to the MCAS Tustin Specific Plan and Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole, in that: The proposed residential development is a permitted use on Reuse Disposition Parcel 36 of Planning Area 21 of the MCAS Tustin Specific Plan, 2. As conditioned, the proposed project is consistent with the development standards and design guidelines of the MCAS Tustin Specific Plan, 3. As conditioned, conformance with all other applicable development standards, including current California building codes, will be verified by staff during plan check review, 4. The proposed site and building improvements are substantially consistent with plans previously approved by the Planning Commission and Community Development Department, 5. The location, size, architectural features and general appearance of the proposed development are consistent with and will not impair the orderly and harmonious development of the area, the present of future development therein, the occupancy thereof, or the community as a whole. In making such findings, the Commission has considered at least the following items: 1. Height, bulk, and area of buildings 2. Setbacks and site planning Resolution No. 4133 Page 2 3. Exterior materials and colors 4. Type and pitch of roofs 5. Size and spacing of windows, doors, and other openings 6. Chimneys, and roof structures 7. Location, height, and standards of exterior illumination 8. Landscaping, parking area design, and traffic circulation 9. Location and appearance of equipment located outside an enclosed structure 10. Location and method of refuse storage 11. Physical relationship of proposed structures to existing structures in the neighborhood 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares 13. Development Guidelines and criteria as adopted by the Ciiy Council. L. That this project is determined to be exempt from additional CEQA review pursuant to California Government Code Section 65457, which provides that once the EIR has been certified and the specific plan adopted, any residential development project that is undertaken to implement and is consistent with the speck plan is exempt from additional CEQA review; On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report for the Reuse and Disposal of MCAS Tustin (FEIS/EIR), which evaluated the environmental impacts of the reuse and disposal of MCAS-Tustin, in conjunction with the adoption of a Specific Plan. On February 3, 2003, the Tustin City Council adopted Ordinance No. 1257, which adopted the MCAS Tustin Specific Plan. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR for the Disposal and Reuse of MCAS Tustin. The FEIS/EIR and its Addendum considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. The development of Ainsley Park at Columbus Grove is a residential development project that is being undertaken to implement and is consistent with the MCAS Tustin Specific Plan, as amended. No substantial changes in the project or circumstances under which it is being undertaken have occurred and no new information which was not known at the time the EIR was certified (or amended) has become available. Therefore, the proposed project is exempt from additional environmental review under CEQA. II. The Planning Commission hereby approves Design Review 09-023 for development of 84 cluster-duplex residential units on a 6.5-acre site (Reuse Plan I Disposition Parcel 36) within Planning Area 21 of the MCAS-Tustin Specific Plan, also known as Ainsley Park at Columbus Grove and Lots 242 and 243 of Tract 16582, subject to the conditions contained in Exhibit A attached hereto. Resolution No. 4133 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 27t" day of October, 2009. ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) E O K Chairperson I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4133 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27t" day of October, 2009. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A ~ RESOLUTION N0.4133 ~ CONDITIONS OF APPROVAL .. DESIGN REVIEW 09-023 GENERAL (1) 1.1 The proposed project shall substantially conform to the submitted plans for the project date stamped on October 27, 2009, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. (1) 1.2 The subject Design Review approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within eighteen (18) months. All requests for time extensions may be considered by the Community Development Director if a written request is received within thirty (30) days prior to the expiration date. (1) 1.3 All conditions in this Exhibit shall be complied with prior to issuance of permits, or as specified, subject to review and approval by the Community Development Department. (***) 1.4 All applicable conditions of approval of Planning Commission Resolution No. 3947 and City Council Resolution No. 05-37 and shall apply to DR 09- 023. (1) 1.5 Approval of Design Review 09-023 is contingent upon the property owner signing and 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. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) CALIFORNIA BUILDING CODE(S) (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Resolution No. 4133 Conditions of Approval Page 2 (1) 1.6 As a condition of approval of Design Review 09-023, 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) 1.7 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. PLANNING DIVISION (***) 2.1 This approval represents a conceptual authorization of the proposed project. The applicant shall clearly demonstrate compliance with all applicable development standards of the MCAS Tustin Specific Plan (specifically Section 3.9.4D) and the Tustin City Code on construction drawings at the time of plan check submittal. (**~) 2.2 Prior to issuance of any building permits, aproject-specific document for covenants, conditions, and restrictions (CC&Rs), including a condominium plan, if applicable, shall be submitted to and approved by the Community Development Department and City Attorney's Office. Costs for such review shall be borne by the developer. A copy of the final documents shall be submitted to the Community Development Department after recordation. (***) 2.3 Prior to the issuance of any building permits, the applicant shall submit revised architectural elevations, providing material enhancements, subject to review and approval by the Community Development Department. BUILDING DIVISION (1) 3.1 At the time of building permit application, the plans shall comply with the latest edition of codes, City ordinances, state and federal laws, and regulations as adopted by the City Council of the City of Tustin. Exhibit A Resolution No. 4133 Conditions of Approval Page 3 (3) 3.2 At the time of building permit application, the plans shall show the following: a) Show assumed property lines, buildings, and provide a minimum 10'-0" clear dimensions from finished wall to finished wall surfaces (including trims and architectural features, excluding eaves). See Table 602 of the 2007 California Building Code (CBC). b) Specify all guardrails to be 42" high minimum (2007 CBC Section 1013.2). c) Show curb ramps and truncated domes as required by Section 1127B.5 of the 2007 CBC at street intersections for handicap accessibility to the site. d) Show locations of all handicap accessible parking stalls on the street. The total number of stalls shall be per Table 11 B-6 of the 2007 CBC. (1) 3.3 A note shall be provided on the final plans stating that "A six (6) foot high chain link fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles." (1) 3.4 The applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. PUBLIC WORKS DEPARTMENT (1) 4.1 The applicant shall comply and meet all conditions of Tract Map 16582. (1) 4.2 Construction and Demolition Waste Recycling and Reduction Plan (V1/RRP) a) The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (Tustin City Code Section 4351, et seq.) to recycle at least 50 percent of the project waste material. b) The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed five percent of the project's valuation. c) Prior to issuance of any building permits, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin." Exhibit A Resolution No. 4133 Conditions of Approval Page 4 POLICE DEPARTMENT (1) 5.1 The gates to yards off of the rear alley shall be outfitted with an approved locking device to prevent unauthorized access to private yards/properties. Details shall be provided on the construction documents at the time of plan check submittal. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 6.1 Fire Access Roads. Service Code: PR145 (Fire Master Plan Review) Prior to the issuance of any building permits, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on site. The plans shall include plan and sectional views and indicate the grade and width of the access road measured flow-line to flow-line. All fire lane signs and or red curbs shall be indicated on the fire master plan. When adead-end street exceeds 150 feet or when otherwise required, a clearly marked fire apparatus access turnaround must be provided and approved by the Fire Chief. Applicable CC&R or other approved documents shall contain provisions which prohibit obstructions such as speed bumps/humps, control gates or other modifications within said easement or access road unless prior approval of the Fire Chief is granted. The applicant may contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access, or Bulletin number B-09. (5) 6.2 Fire Hydrants. Service Code: PR145 (Fire Master Plan Review) a) Prior to the issuance of any building permits, the applicant shall submit a fire hydrant location [plan to the Fire Chief for review and approval. b) Prior to the issuance of any certificate of use and occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street as approved by the Fire Chief, and must be maintained in good condition by the property owner. Please contact the OCFA at (714) 573-6100 or visit the OCFA website for a copy of the "Guideline for Installation of Blue Dot Hydrant Markers." (5) 6.3 Water Availability. Service Code: PR145 (Emergency Access 8~ Fire Hydrant Location) Prior to the issuance of any building permits, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. If sufficient water to meet fire flow requirements is not available an automatic fire extinguishing system may be required in each structure affected. Exhibit A Resolution No. 4133 Conditions of Approval Page 5 FEES (1,5,2) 7.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change: a) Building and Planning plan check and permit fees to the Community Development Department and Engineering plan check and permit fees to the Public Works Department, based on the most current schedule b) Orange County Fire Authority (OCFA) fees collected by the Community Development Department, based on the most current schedule c) Major Thoroughfare and Bridge Fees to the City of Tustin collected by the Public Works Department d) Water and sewer connection fees to the Irvine Ranch Water District. e) School facilities fee in the amount as required by Irvine Unified School District. f) Transportation System Improvement Program (TSIP) Benefit Area B fees g) New construction tax fees h) Other applicable Tustin Legacy Backbone Infrastructure Program fees as specified in Resolution No. 3946 i) Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.