HomeMy WebLinkAboutCC RES 10-35RESOLUTION NO. 10-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING AMENDMENT TO RESOLUTION
NOS. 05-40 AND 06-17, WHICH APPROVED TENTATIVE
TRACT MAP AND FINAL TRACT MAP 16581
RESPECTIVELY, 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)
AND AUTHORIZING THE EXECUTION OF THE FIRST
AMENDMENT TO THE HOUSING AGREEMENT FOR
COLUMBUS SQUARE INCLUDING THE REGULATORY
AGREEMENT AND DECLARATION OF RESTRICTIVE
COVENANTS FOR RENTAL UNITS.
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 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 uses;
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,
Resolution No. 10-35
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the applicant, and residents to conduct further research and report back on
subjects raised at the hearing;
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 April 20, 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 the site is located within Tract 16581 previously approved by City
Council Resolution Nos. 05-40 and 06-17 for subdivision of 105.5 acres within
Planning Areas 4 and 5 of the MCAS Tustin Specific Plan for the purpose of
developing 1,075 residential units including 240 senior housing units for
ownership tenure;
K. That the applicant submitted a request to allow a change in tenure from
ownership to rental for the proposed 240-unit age restricted senior housing
complex;
L. That as proposed and conditioned, the subject property would not be
annexed into the master association and would alternatively utilize a recorded
agreement between the Columbus Square Master Community Association
(CSMCA) and the property owner of Lot 265 to ensure a no-net-change result
for other homeowners in Columbus Square;
M. That the request is consistent with the previously-approved project and the
text changes are for consistency purposes and do not constitute a significant
change from the intent of the original approvals;
N. That the proposed project necessitates text amendments to Resolution No.
05-40 which approved Tentative Tract Map 16581;
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O. That pursuant to the previously-approved Tract Map 16581, density bonus,
and transfer of affordable housing units for Columbus Square, the Columbus
Square Housing Agreement, and the Affordable Housing Plan for Villages of
Columbus, the senior housing project includes 153 affordable housing units
(36 Very Low, 61 Low, and 56 Moderate Income units). The proposed project
includes the prescribed number of affordable units identical in size, location,
bedroom counts, and income levels as to the previously approved plans with
the exception of the type of tenure;
P. That should the proposed rental tenure not be carried out or instituted, the
project approval shall remain valid for the development of 240 age-restricted
senior condominium units, as was originally intended and approved for the
project site;
Q. That this project is determined to be exempt from additional CEQA review
pursuant to California Government Cade 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
specific 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 Coventry Court at Columbus Square 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 cert~ed
(or amended) has become available. Therefore, the proposed project is exempt
from additional environmental review under CEQA.
The City Council hereby authorizes the City Manager, or his designee to execute
the First Amendment to the Housing Agreement for Columbus Square on behalf
of the City of Tustin.
The City Council hereby authorizes the City Manager, or his designee to execute
the Regulatory Agreement and Declaration of Restrictive Covenants on behalf of
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the City of Tustin setting forth provisions for affordable rental housing restrictions
for Coventry Court project.
IV. The City Council hereby approves amendment to Resolution Nos. 05-40 and 06-
17, which approved Tentative Tract Map 16581, 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, 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
7cn day of July, 2010.
PA ELA STOK
City Clerk
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. 10-35 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 7tn day
of July, 2010, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
P ELA STO ER
City Clerk
Amante, Nielsen, Davert, Palmer (4)
Gavello (1)
None (~)
None (~)
Resolution No. 10-35
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EXHIBIT A
RESOLUTION NO. 10-35
AMENDMENT TO TENTATIVE TRACT MAP 16581
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 All applicable conditions of City Council Resolution Nos. 05-40 approving
TTM 16581, a density bonus, and affordable housing transfer and
Resolution No. 06-17 approving FTM 16581 for the Columbus Square
community shall remain applicable, as herein modified.
(1) 1.2 Approval of Resolution No. 10-35 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.
(***) 1.3 The senior apartment development shall be restricted to seniors of 55
years or older for the life of the project. An age-restrictive covenant
running with the land shall be reviewed and approved by the Community
Development Director and shall be recorded by the applicant prior to
issuance of a building permit.
(***) 1.4 Prior to issuance of a building permit, the applicant shall submit an
Addendum to Homebuyer Notification for Columbus Square and a letter
that will be sent to all existing homeowners explaining the change in
Coventry Court. Proof of mailing of the Addendum to Homebuyer
Notification and the letter to existing homeowners shall be submitted to the
Community Development prior to final inspection and occupancy.
(1) 1.5 The applicant shall submit an amendment to Final Tract Map 16581 or a
Certificate of Correction to reflect the change from condominium to
apartment units, for review and approval. The amended Final Tract Map
or Certificate of Correction shall be recorded prior to issuance of a building
permit.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODES (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTION
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(1) 1.6 Resolution No. 10-35 shall become null and void in the event that
Resolution No. 10-33 approving Conditional Use Permit 09-024 and
Design Review 09-024 and Resolution No. 10-34 approving amendment
to Resolution No. 3951 which approved Concept Plan 03-003 are not
approved by the City Council.
(***) 1.7 Intentionally deleted since this condition is no longer applicable.
(***) 1.8 Should the project as proposed for rental tenure not be instituted or
carried out, the subject approval shall be considered valid for ownership
tenure (240 condominium units) as originally intended and approved for
the project site. However, notwithstanding such an obligation to develop
condominiums for ownership tenure, non condominium unit shall be sold
except with the approval of the City.
(***) 1.9 Within forty-five (45) calendar days of the City's approval of the
application, Tustin Coventry, LLC, and/or Meta Housing shall post cash, or
a bond, equal to five hundred thousand dollars ($500,000) payable to the
City to afford assurance to the City that the affordable units will be built. If
the cash or bond is not delivered to the City within 45 calendar days, the
approvals contained in Resolution No. 10-33 shall become null and void.
The $500,000 security shall be returned or exonerated upon completion of
all the affordable units. In the event construction of the affordable units
has not commenced within the one-year period, the cash (or bond
equivalent) shall be forfeited and shall be for the sole benefit of the City.
Notwithstanding the provisions contained herein, should the development
not proceed, the affordable housing obligation remains and shall be
provided as required in the approved Affordable Housing Plan and
Housing Agreement. Neither these approvals nor these conditions shall
limit the remedies available to the City in the event the Coventry Court
development is not completed, nor shall the enforceability of the approved
phasing plan be limited or otherwise affected by this approval or these
conditions of approval.
AFFORDABLE HOUSING
(***) 2.1 The developer shall comply with the obligations contained in Resolution
No. 05-40 regarding affordable housing units. The senior housing project
shall contain a minimum of 153 affordable units including 36 Very Low, 61
Low, and 56 Moderate Income units and at locations depicted on the
previously approved Affordable Housing Plan.
(***) 2.2 The First Amendment to the Housing Agreement shall include a
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Regulatory Agreement as an exhibit to reflect rental tenure which will be
6 required to be executed by Tustin Coventry Seniors, LLC. (the proposed
owner of the project). The First Amendment to the Housing Agreement
shall be subject to approval of the Redevelopment Agency, City Attorney,
and City's Special Real Estate Counsel as to form and content and shall
be executed and recorded prior to issuance of any building permits.
Should the First Amendment to the Housing Agreement and Affordable
Housing Plan not be approved by the City Council, the subject approval
shall become null and void.
(***) 2.3 Prior to issuance of any building permits, an Assignment and Assumption
Agreement of Tustin Coventry, LLC's duties of performance under the
Housing Agreement, as amended, shall be executed between Tustin Villas
Partners, LLC and Tustin Coventry Seniors, LLC on Lot 265 of Tract
16581 in a form and content approved by the Redevelopment Agency,
Community Development Department, City Attorney, and City's Special
Real Estate Counsel and the Community Development Department
('~**) 2.4 The "Affordable Housing Plan and Density Bonus Application" document
approved for the Columbus Square shall be amended to reflect the rental
tenure and a clean copy of the document shall be provided to the City and
Redevelopment Agency for final review and approval, prior to issuance of
a building permit.
(***) 2.5 The 240-unit project shall not feature a mix of housing tenure (i.e.
ownership and rental) during the term of affordability outlined in the First
Amendment to the Housing Agreement and any executed Regulatory
Agreement.
('`**) 2.6 The affordable units in the project shall be available during the qualified
project period outlined in the First Amendment to the Housing Agreement
which shall be not less than 55 years.
(***) 2.7 The affordable units shall comply with the City's adopted Local Workforce
Housing Preference Policy by granting current Tustin residents or
individuals employed within the city of Tustin preference over an applicant
who does not currently reside or is not employed in the City of Tustin.
FEES
(***) 3.1 The applicant shall submit all fees required by the City and other agencies
as identified in Resolution No. 10-33 including all Attorney and Special
Counsel fees associated with the review of the project.
Resolution No. 10-35
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