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HomeMy WebLinkAboutPC RES 4156RESOLUTION NO. 4156 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 10-013 AUTHORIZING THE DEVELOPMENT OF 64 TWO-STORY SINGLE FAMILY DETACHED CARRIAGE WAY UNITS AT AUGUSTA IN COLUMBUS SQUARE AT TUSTIN LEGACY (LOTS 181 THROUGH 211, AND 216 THROUGH 248 OF TRACT 16581) 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) 10-013 was filed by Michael Recupero of Recupero and Associates on behalf of property owners ORA Astoria 60, LLC, and Moffett Meadows Partners, LLC., to develop 64 two-story single family detached carriage way units referred to as Augusta in Columbus Square at Tustin Legacy (Lots 181 through 211, and 216 through 248 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 permits single-family detached dwelling units and the Zoning designation of the subject property is SP 1 (MCAS Tustin Specific Plan, Neighborhood B, Planning Area 4 -Low Density Residential, Single Family Detached Carriage Way Units); C. That the project, originally entitled Astoria, was approved as part of the overall community of Columbus Square (1,075 units total) under Tentative Tract Map 16581, Concept Plan 03-003, Design Review 04-006, Specific Plan Amendment/Zone Change 04-003; D. That the proposed project was originally entitled for development of 102 units consisting of single-family detached carriage way homes where the internal street improvements were completed and 38 homes were built and sold, inclusive of the four model homes (lots 103-136 and 212-215); however, the project was put on hold by the developer and construction did not commence on the remaining 64 units; E. That pursuant to Tustin City Code (TCC) Section 9272d(4), development shall commence within a period of eighteen (18) months, otherwise, a new evaluation and review shall be required prior to any development; F. That construction of the remaining 64 housing units at the project site never commenced and that pursuant to Tustin City Code Section 9272d(4), the Design Review as it pertains to Astoria is considered null; Planning Commission Resolution No. 4156 DR 10-013 Augusta therefore, a new application (DR 10-013) has been submitted by the applicant for development of the site under the project name of Augusta in order to distinguish this current proposal from the existing Astoria homes which have been built and occupied; G. That the plans submitted for DR 10-013 have been redesigned with minor reductions in floor plan square footage and minor architectural changes yet are substantially consistent with the plans that were previously approved by the Community Development Department; H. That although a new Design Review application is required for the subject project, all applicable conditions from Planning Commission Resolution No. 3953 and City Council Resolution No. 05-38 and 05-40 remain applicable to DR 10-013; That a public meeting was duly called, noticed, and held for consideration of Design Review 10-013 on September 14, 2010, by the Planning Commission; J. That pursuant to the MCAS Tustin Specific Plan and Section 9272 of the Tustin City 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: 1. The proposed residential development is located in the MCAS Tustin Specific Plan land use designation of the General Plan, which provides for residential development, and permits single-family detached carriage way units; 2. The proposed project is zoned SP 1 in the MCAS Tustin Specific Plan, Neighborhood B, Planning Area 4 which allows Low Density Residential, Single Family Detached Carriage Way Units; 3. As conditioned, the proposed project is consistent with the development standards and design guidelines of the MCAS Tustin Specific Plan; 4. As conditioned, conformance with all other applicable development standards, including current California Building Codes, will be verified during plan check review; 5. The proposed site and building improvements are substantially consistent with plans previously approved by the Planning Commission and Community Development Department; Planning Commission Resolution No. 4156 DR 10-013 Augusta 6. 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 Planning Commission has considered at least the following items: 1. Height, bulk, and area of buildings 2. Setbacks and site planning 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 City Council. K. 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 specific plan is exempt from additional CEQA review. In accordance with Article 11 Section 15162 and 15168(c) of the State CEQA Guidelines for subsequent EIRs and Negative Declarations, when an EIR has been certified or Negative Declaration adopted for a project, no subsequent EIR shall be prepared for that project. CEQA Guidelines Section 15168(c), Program EIR, Use with Later Activities, further states that subsequent activities in the program must be examined in the light of the program EIR. If the Agency finds that pursuant to Section 15162, no new effects could occur or no new mitigation measures would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required. 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 Planning Commission Resolution No. 4156 DR 10-013 Augusta 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 Augusta 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 certified (or amended) has become available. Therefore, in accordance with State CEQA Guidelines Sections 15162 and 15168(c), the proposed project is exempt from additional environmental review. II. The Planning Commission hereby finds that the project is within the scope of the previously approved MCAS Tustin Final Program EIS/EIR previously certified; that the environmental effects of the project are within the scope of the MCAS Tustin FEIS/EIR and were fully examined in the MCAS Tustin FEIS/EIR; that no substantial changes are proposed in the project or have occurred with respect to circumstances under which the project is being undertaken since certification of the MCAS Tustin FEIS/EIR; no new information has become available since the certification of the MCAS Tustin FEIS/EIR, and pursuant to the requirements of CEQA regulations promulgated with respect thereto including California Government Code Section 65457; therefore, pursuant to State CEQA Guidelines Section 15162, no additional environmental analysis, action or documentation is required. III. The Planning Commission hereby approves Design Review 10-013 for development of 64 two-story single family detached carriage way units at Augusta in Columbus Square at Tustin Legacy (Lots 181 through 211, and 216 through 248 of Tract 16581) within Planning Area 4 of the MCAS Tustin Specific Plan, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 14th day of September, 2010. a.- ~~~~.~~ Je ho son Chairperson Pro Tem ELIZABETH A. BINSACK Planning Commission Secretary Planning Commission Resolution No. 4156 DR 10-013 Augusta STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4156 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of September, 2010. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION N0.4156 CONDITIONS OF APPROVAL DESIGN REVIEW 10-013 GENERAL (1) 1.1 The proposed project shall substantially conform to the plans approved September 14, 2010, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. (1) 1.2 Within eighteen (18) months, 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. Any request for time extension 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 Prior to issuance of permits, all conditions in this Exhibit shall be complied with, or as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Design Review 10-013 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 Community Development Director, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 As a condition of approval of Design Review 10-013, 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) 1.6 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) CALIFORNIA BUILDING CODE(S) (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY "*"` EXCEPTIONS Planning Commission Resolution No. 4156 DR 10-013 Augusta (1) 1.7 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. (2) 1.8 The project shall comply with all applicable mitigation and implementation measures of Final EIS/EIR, as amended by Supplement and Addendum are required. (***) 1.9 All applicable conditions of approval of Resolution No. 05-40 (Tract Map approval) and Planning Commission Resolution No. 3953 (Design Review approval) remain applicable to DR 10-013. PLANNING DIVISION (***) 2.1 At the time of plan check submittal, the applicant shall clearly demonstrate compliance with all applicable development standards of the MCAS Tustin Specific Plan (specifically Section 3.4.2.E) and the Tustin City Code on construction drawings. (6) 2.2 At the time of plan check submittal, provide hardscape/landscape plans to include the quantity, species, and size of all trees and planting materials for consistency with Specific Plan and City's Landscape and Irrigation Standards. The landscape plan must comply with the City's new water efficiency ordinance (Ordinance No. 1376). (6) 2.4 Prior to issuance of building permits, provide 15"x 22" set of plans consistent with plans approved September 14, 2010. a) Technical Site Plan Product (previously DR II-2) b) Parking Plan Product (previously DR II-3) c) Conceptual Grading/Utility Plan (previously DR II-4). Include cross-sections and direction of drainage flow with slope in percentage d) Architectural drawings (street scene, floor plan, elevations, enhanced elevations) (1) 2.5 At the time of plan check submittal, the applicant shall submit all exterior materials, colors, and other architectural treatments including details for mailboxes. Indicate color and exterior treatment for review and approval by the Community Development Director and subject to field inspection verification. (1) 2.6 At the time of plan check submittal, provide enhanced elevation plan for corner lots and show garage dimensions 20' x 20' clear inside dimension fortwo-car garage. (1) 2.7 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 the 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. (***) 2.8 Prior to issuance of grading permits, the applicant shall identify the utilities that have been installed; the conditions/integrity of the utilities installed; and submit a Planning Commission Resolution No. 4156 DR 10-013 Augusta report based on testing and inspection of all underground utilities by a registered professional subject to the review and approval by the Community Development Director and the Building Official. BUILDING DIVISION (3) 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. (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 11278.5 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. e) Show curb and gutter detail in conformance with Building Division specs. Note all street width measurements in conformance with such detail. (1) 3.3 Prior to issuance of building permits, 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 During construction hours, 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. (1) 3.5 Prior to grading permit final, a registered geotechnical engineer or civil engineer must certify that the site meets the grading plans. (1) 3.6 Prior to grading permit final, a registered geotechnical engineer must certify that the soil compaction is in accordance with the geotechnical report. PUBLIC WORKS DEPARTMENT (1) 4.1 Prior to issuance of grading permits, the applicant shall comply and meet all conditions of Tract Map 16581. (1) 4.2 Prior to issuance of building permits, Construction and Demolition Waste Recycling and Reduction Plan (WRRP) Planning Commission Resolution No. 4156 DR 10-013 Augusta 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) 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) 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." (1) 4.3 Prior to issuance of grading permits, all lot dimensions shown on the preliminary grading plan shall be consistent with the recorded Tract Map 16581. (1) 4.4 Prior to any bond release, the applicant/Master Developer shall comply with the previously approved Quitclaim Dedication: The applicant shall dedicate Lot "Z" (Lexington Street) at no cost to the City of Tustin in Fee Title. ii. The applicant shall submit a legal description and exhibit of the Lot °Z" prepared by a California Registered Civil Engineer or California Licensed Land Surveyor to Public Works Department for review and 1 approval. (1) 4.5 Prior to issuance of grading permits, the applicant shall submit a revised WQMP to the Public Works Department for review and approval for any modifications or additions to the BMP's proposed to the site. POLICE DEPARTMENT (1) 5.1 At the time of plan check submittal, details shall be provided on the construction documents showing 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. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 6.1 Prior to the issuance of building permits, the applicant or responsible party shall submit the plan(s) listed below to the Orange County Fire Authority for review. Approval shall be obtained on each plan prior to the event specified. i. Fire Master Plan (Service Code PR145) ii. Fire Sprinkler System (Service Codes PR400-PR465), if required by code or installed voluntarily After installation of required fire access roadways and hydrants, the applicant shall receive clearance from the OCFA prior to bringing combustible building Planning Commission Resolution No. 4156 DR 10-013 Augusta materials on-site. Call OCFA Inspection Scheduling at 714-573-6150 with the Service Request number of the approved fire master plan at least two days in advance to schedule the lumber drop inspection. MODEL HOME PLAN AND CONSTRUCTION PHASING (1) 7.1 A site plan, street improvement plan, and striping plan for the model home complex shall be submitted as one submittal for all product models for review and approval of the Community Department, in accordance with the phasing requirements for the project contained within the approved resolution. All required improvements for streets, landscaping, ADA compliance, emergency access, security lighting, etc. shall be installed prior to final inspection for the model homes and sales office. (1) 7.2 The developer shall close and convert the model homes to occupancy within 90 days from the last home sale of the same style home. Prior to issuance of building permits for the model homes, the developer shall submit a bond to ensure the conversion. (1) 7.3 Prior to issuance of a grading permit, Moffett Meadows Partners, LLC., and ORA Astoria 60, LLC shall submit an updated phasing plan for construction of all remaining units in Columbus Square. The updated phasing plan shall include a breakdown of the sequence of construction of market-rate units in relation to the construction of affordable units. The updated phasing plan shall also demonstrate how Columbus Square is complying with the obligations to provide affordable housing as specified in Resolution No. 05-37 (TTM 16582), Resolution No. 05-40 (TTM 16581), and the Columbus Square and Columbus Grove Housing Agreement and Affordable Housing Plan. FEES (1,5,2) 8.1 Prior to issuance of 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 Tustin Unified School District; f) New construction tax fees; Planning Commission Resolution No. 4156 DR 10-013 Augusta g) Other applicable Tustin Legacy Backbone Infrastructure Program fees as specified in Resolution No. 3946; and h) 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.