HomeMy WebLinkAboutPC RES 4157RESOLUTION NO. 4157
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING DESIGN REVIEW 10-014
AUTHORIZING THE DEVELOPMENT OF 60 UNITS
CONSISTING OF ATTACHED SINGLE-FAMILY
TOWNHOMES AT MIRABELLA IN COLUMBUS SQUARE AT
TUSTIN LEGACY (LOTS 266 THROUGH 272 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) 10-014 was filed by
Michael Recupero of Recupero and Associates on behalf of property owner
ORA Mirabella 60, LLC, to develop 60 units consisting of attached single-
family townhomes at Mirabella in Columbus Square at Tustin Legacy (Lots
266 through 272 of Tract 16581);
B. That the site is located in the MCAS Tustin Specific Plan land use
designation of the General Plan and the Zoning designation of the subject
property is SP 1 (MCAS Tustin Specific Plan, Neighborhood B, Planning
Area 5 -medium density residential, condominium and multiple family
dwellings) which provides for residential development;
C. That the project 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 60
units (Lots 266 through 272) consisting of three-story tuck-under
townhomes with four plan types under Tentative Tract Map 16581,
Concept Plan 03-003, Design Review 04-006, Specific Plan
Amendment/Zone Change 04-003;
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 although street improvements were completed; underground
improvements were installed; and building construction commenced; the
construction was halted by the developer and construction of the 60
housing units at the project site never commenced and that pursuant to
Tustin City Code Section 9272d(4), the original Design Review as it
pertains to Mirabella is considered null; therefore, a new application (DR
Planning Commission Resolution No. 4157
DR 10-014 Mirabella
Page 2
10-014) has been submitted by the applicant for development of the site
under the same project name of Mirabella;
G. That the plans submitted for DR 10-014 have been redesigned with minor
reductions in floor plan square footage, reduction in height, 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. 3951 and 3953 and City Council Resolution No. 05-38 and 05-40
remain applicable to DR 10-014;
That a public meeting was duly called, noticed, and held for consideration
of Design Review 10-014 on September 28, 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:
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 attached single-family
townhome units;
2. The proposed project is zoned SP 1 in the MCAS Tustin Specific Plan,
Neighborhood B, Planning Area 5 -medium density residential,
condominium and multiple family dwellings;
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;
6. The location, size, architectural features and general appearance of the
proposed development are consistent with and will not impair the orderly
Planning Commission Resolution No. 4157
DR 10-014 Mirabella
Page 3
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
conjunction with the adoption of a Specific Plan. On Febnaary 3, 2003, the
Planning Commission Resolution No. 4157
DR 10-014 Mirabella
Page 4
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 Mirabella 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 10-014 for
development of 60 units consisting of attached single-family townhomes at
Mirabella in Columbus Square at Tustin Legacy (Lots 266 through 272 of Tract
16581) within Planning Area 5 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 28th day of September, 2010.
~~~~'L
EL BETH A. BINSACK
Planning Commission Secretary
~,~---
J . T O PS N
Chairperson Pro Tem
Planning Commission Resolution No. 4157
DR 10-014 Mirabella
Page 5
"''! 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. 4157 was
duly passed and adopted at a regular meeting of the Tustin Planning Commission, held
on the 28th day of September, 2010.
~~~
~(E BETH A. BINSACK
Planning Commission Secretary
EXHIBIT A
RESOLUTION N0.4157
CONDITIONS OF APPROVAL
DESIGN REVIEW 10-014
GENERAL
(1) 1.1 The proposed project shall substantially conform to the plans approved
September 28, 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 10-014 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 10-014, 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
Exhibit A
Planning Commission Resolution No. 4157
DR 10-014 Mirabella
Page 2
(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 10-014.
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.G) 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) 2.3 Prior to issuance of building permits, provide 15"x 22" set of plans consistent with
plans approved September 28, 2010.
a) Technical Site Plan Product
b) Parking Plan Product
c) Conceptual Grading/Utility Plan. Include cross-sections and direction of
drainage flow with slope in percentage
d) Architectural drawings (street scene, floor plan, elevations, enhanced
elevations)
(1) 2.4 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) 2.5 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} 2.6 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.
Exhibit A
Planning Commission Resolution No. 4157
DR 10-014 Mirabella
Page 3
('"`*) 2.7 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
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 building permits, Construction and Demolition Waste Recycling
and Reduction Plan (WRRP)
Exhibit A
Planning Commission Resolution No. 4157
DR 10-014 Mirabella
Page 4
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) 4.2 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.
ORANGE COUNTY FIRE AUTHORITY (OCFA)
(5) 5.1 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.
Fire Master Plan (Service Code PR145)
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
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) 6.1 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) 6.2 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) 6.3 Prior to issuance of a grading permit ORA Mirabella 60, LLC shall submit an
updated phasing plan for construction of all remaining units in Columbus
Exhibit A
Planning Commission Resolution No. 4157
DR 10-014 Mirabella
Page 5
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) 7.1 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) Transportation System Improvement Program (TSIP) Benefit Area B fees;
g) New construction tax fees;
h) Other applicable Tustin Legacy Backbone Infrastructure Program fees as
specked in Resolution No. 3946; and
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.