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Home My WebLink AboutCC RES 10-34RESOLUTION NO. 10-34 A RESOLUTION OF THE CITY COUNCIL APPROVING AMENDMENT TO CONCEPT PLAN 03-003 TO REFLECT A CHANGE IN TENURE FROM OWNERSHIP TO RENTAL FOR THE PROPOSED 240-UNIT AGE-RESTRICTED SENIOR HOUSING COMPLEX ON LOT 265 OF TRACT 16581 (COVENTRY COURT IN COLUMBUS SQUARE AT TUSTIN LEGACY) 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 Design Review 09-024 and Conditional Use Permit 09-024, Amendment to Resolution No. 05-40 which approved Tract Map 16581 and Amendment to Resolution No. 3951 which approved Concept Plan 03-003, was submitted by Lennar Corporation for the development of a 240-unit senior apartment housing project for rental tenure on a nine (9) acre site within Columbus Square within Planning Area 4 and Planning Area 5 of the MCAS-Tustin Specific Plan (Lot 265 of Tract 16581); B. That the site is located is located within Tract 16581 previously approved by City Council Resolution No. 05-40 in the MCAS Tustin Specific Plan land use designation of the General Plan, which provides for residential development, and on Reuse Disposition Parcels 23 and 24 in Planning Areas 4 and 5 of the MCAS Tustin Specific Plan, which is designated for low and medium density residential; C. That a public hearing on the matter was duly called, noticed, and held for said application on December 8, 2009, by the Planning Commission; D. That at the December 8, 2009, meeting, the Planning Commission continued the project to the January 26, 2010, meeting to allow the project proponent to meet directly with the Community Association and any interested members of the community; E. That on January 26, 2010, the Planning Commission held a continued public hearing on the item and continued the item for sixty (60) days to allow staff, the applicant, and residents to conduct further research and report back on subject raised at the hearing; Resolution No. 10-34 Page 1 of 5 F. That on March 23, 2010, the Planning Commission conducted a second continued public hearing on the item and adopted Resolution No. 4134 recommending that the City Council deny CUP 09-024, Amendment to CP 03-003, and Amendment to Tract Map 16581 for the subject project for apartments or rental tenure, and approve DR 09-024, and CUP 09-024 as it relates to parking, authorizing the development of a 240-unit age- restricted senior residential condominium complex including 153 affordable units, recreation center, and associated infrastructure and site improvements on Lot 265 of Tract 16581; G. That a public hearing on the matter was duly called, noticed, and held for said application on Apri120, 2010, by the City Council. H. That at the April 20, 2010, the City Council continued the item to a special meeting on July 7, 2010 at 5:00 p.m.; That on May 18, 2010, at Mayor Amante's suggestion the special meeting regarding Coventry Court was rescheduled from 5:00 p.m. on July 7, 2010 to 6:00 p.m. on July 7, 2010; J. That on February 14, 2005, the Planning Commission adopted Resolution No. 3951 approving Concept Plan 03-003 to subdivide 105.5 acres for the purpose of developing 1,077 residential units including 84 Single Family Detached (SFD), 181 Carriage Way SFD, 72 Multiple Family Attached (senior housing -for ownership tenure) for a total of 337 units at an average density of 8.62 du/acre in Planning Area 4 (Parcel 23) and 18 carriage way units, 552 Multiple Family Attached (MFR), 170 Multiple Family Attached (senior housing -for ownership tenure) for a total of 740 units at an Average density 17.53 du/acre for Planning Area 5 (Parcel 24) of the MCAS Tustin Specific Plan; K. That the submitted plans are consistent with the plans that were previously approved by the Planning Commission and Community Development Department except for tenure type which is proposed to change from ownership to rental; L. That the proposed project necessitates text amendments to Resolution 3951 which approved Concept Plan 03-003; M. That the amendment to Concept Plan 03-003 is in conformance with the Tustin Area General Plan and MCAS Tustin Specific Plan and approval of Concept Plan 03-003, subject to conditions contained in Resolution Nos. 10-33 and 10-35, would achieve the development concepts set forth by the MCAS Tustin Specific Plan, including: Resolution No. 10-34 Page 2 of 5 1. Ensuring the continuity and adequacy of all circulation systems, such as: roadways, access points, trails, pedestrian ways, and other infrastructure systems needed to serve the project; 2. Ensuring the continuity and design quality of architecture, landscape, and hardscape themes and treatments; 3. Providing urban design features as per Chapters 2 and 3 of the MCAS Tustin Specific Plan; 4. Ensuring conformity with the Non-Residential Land Use Trip Budget; and, 5. Ensuring compliance with all applicable provisions of the MCAS Tustin Specific Plan. The City Council hereby approves Amendment to Concept Plan 03-003 to reflect a change in tenure from ownership to rental for the proposed 240-unit age- restricted senior apartment housing project on a nine (9) acre site within Columbus Square within Planning Area 4 and Planning Area 5 of the MCAS- Tustin Specific Plan (Lot 265 of Tract 16581), subject to the conditions of approval attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 7t" day of July, 2010. PAMELA ST ER City Clerk Resolution No. 10-34 Page 3 of 5 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. 10-34 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7t" day of July, 2010, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Amante, Nielsen, Davert, Palmer (4) Gavello (1) None None (o> (0) PAMELA ST KER City Clerk Resolution No. 10-34 Page 4 of 5 EXHIBIT A RESOLUTION NO. 10-34 AMENDMENT TO CONCEPT PLAN 03-003 CONDITIONS OF APPROVAL (1) 1.1 Concept Plan 03-003 is approved for development of 1,075 residential units in Planning Area 4 and Planning Area 5 as follows: Planning Area 4 (Parcel 23) 84 Single Family Detached (SFD) 181 Carriage Way SFD 72 Multiple Family Attached (Senior Housing) Total: 337 units Average density of 8.62 du/acre Planning Area 5 (Parcel 24) 18 Carriage Way units 552 Multiple Family Attached (MFR) 170 Multiple Family Attached (Senior Housing) Total: 740 units Average density 17.53 du/acre (***) 1.2 The amendment to the approved Concept Plan is subject to execution of the First Amendment to the Housing Agreement and Regulatory Agreement in conformance with the requirements of the density bonus application as approved by the City Council, Condition 1.9 and 1.10 of Planning Commission Resolution No. 10- 33, and Condition 2.2 of Resolution No. 10-35. (***) 1.3 Resolution No. 10-34 shall become null and void in the event that Resolution Nos. 10-33 approving Design Review 09-024 and Conditional Use Permit 09-024 and Resolution No. 10-35 approving Amendment to the Tract Map 16581 are not approved by the City Council. (***) 1.4 Resolution No. 10-34 shall become null and void in the event that the subject project is not approved or instituted as a rental project. In such event, Concept Plan 03-003 shall remain unchanged and the original approval (Resolution No. 3951, which approved the subject senior units for ownership tenure), shall remain valid. (1) 1.5 Approval of Amendment to Concept Plan 03-003 shall be contingent upon all conditions of approval contained within Resolution Nos. 10-33 and 10-35. (***) 1.6 Intentionally deleted since this condition is no longer applicable. Resolution No. 10-34 Page 5 of 5