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HomeMy WebLinkAboutPC RES 4299RESOLUTION NO. 4299 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT 01-030, ALLOWING AN INCREASE IN TRANSITIONAL HOUSING CAPACITY FROM 192 BEDS TO 387 BEDS AND DESIGN REVIEW 2015-022 FOR THE CONSTRUCTION OF A NEW PARKING LOT WITH 26 SPACES ALONG VALENCIA AVENUE, IN ASSOCIATION WITH THE VILLAGE OF HOPE TRANSITIONAL HOUSING FACILITY LOCATED AT 1 HOPE DRIVE. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That proper application has been submitted by Jim Palmer, Orange County Rescue Mission Inc., requesting to increase the transitional housing capacity and construct a new parking lot to service the Village of Hope (VOH) transitional housing facility (facility), located at 1 Hope Drive. B. That the VOH facility and proposed parking lot site are zoned Marine Corps Air Station (MCAS) Tustin Specific Plan (SP1) District and has a General Plan Land Use designation of MCAS Tustin SP1. The VOH facility is within Planning Area 3 of Neighborhood A of SP1. The proposed parking lot is within Planning Area 1 of Neighborhood A. In addition, the project has been reviewed for consistency with the Air Quality Sub -element of the City of Tustin's (the City) General Plan and has been determined to be consistent with the Air Quality Sub -element. C. That the proposed parking lot site is currently owned by the City and the City wishes to dispose of an approximately 1.3 -acre site within Planning Area 1- H to accommodate the proposed parking lot associated with the proposed transitional housing capacity at the VOH facility. D. That Section 65402(a) of Government Code provides that no real property shall be disposed until the location, purpose, and extent of the project has been reported upon by the local planning agency as to the conformity with the adopted general plan. E. That Section 65402(a) of Government Code authorizes the Planning Commission to determine whether the location, purpose, and extent of the proposed disposition of real property are consistent with the General Plan. F. The proposed disposition supports several General Plan Land Use Element goal, including the following: Resolution No. 4299 Page 2 Land Use Element Goal 1: Provide for a well-balanced land use pattern that accommodates existing and future needs for housing, commercial, and industrial land, open space and community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services. 2. Land Use Element Goal 3: Ensure that new development is compatible with surrounding land uses in the community, the City's circulation network, availability of public facilities, existing development constraints, and the City's unique characteristics and resources. 3. Land Use Element Goal 4: Assure a safe, healthy and aesthetically pleasing community for residents and businesses. 4. Land Use Goal 6: Improve urban design in Tustin to ensure development that is both architecturally and functionally compatible, and to create uniquely identifiable neighborhoods. 5. Land Use Goal 13: Continue to implement the Specific Plan/Reuse for MCAS Tustin which maximizes the appeal of the site as a mixed use and master planned development. G. That the MCAS Tustin SP1 Section 3.3.4A states that transitional housing uses are permitted within Planning Area 3. H. That on December 10, 2001, the Planning Commission adopted Resolution No. 3817, approving Conditional Use Permit (CUP) 01-030, allowing the establishment of a transitional housing facility with 192 beds. That on January 2, 2008, the City Council adopted Resolution No. 08-09, approving an amendment to CUP 01-030 allowing the establishment of a 4,000 square -foot ancillary medical and dental clinic open to the public. That Tustin City Code Section 9272 requires applicants to obtain Design Review (DR) approval prior to improvements. J. That a public hearing was duly called, noticed, and held for the subject project on October 27, 2015, by the Planning Commission. K. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City in that: Resolution No. 4299 Page 3 1 That an amendment to CUP 01-030 is required to allow the increase in transitional housing capacity from 192 beds to 387 beds. 2. That the Final Traffic Technical Report of the MCAS Tustin Final Environmental Impact Statement/Environmental Impact Report (EIS/EIR) states that the analysis for transitional housing accounted for 192 rooms. That the proposed increase in transitional housing capacity does not involve increasing the number of rooms in the facility and would not cause to deviate from the environmental report findings. 3. That based on the nature of the use (homeless/transitional facility) and that a limited number of residents have vehicles or allowed to have vehicles on-site, negligible or no impacts to traffic analysis are anticipated. 4. That the applicant currently has authorization from the Advanced Technology Education Park (ATEP) facility to utilize the ATEP parking lots for transitional housing facility parking. 5. That the increase in transitional housing capacity can be accommodated by the existing 128 transitional units/rooms, existing parking lot, proposed parking lot, and existing parking agreement with the ATEP facility. 6. That the applicant shall be required to record deed restrictions or any other acceptable form to hold the properties as one and provide reciprocal easements granting ingress and egress. 7. That the Public Works Department has reviewed the project and determined that the increase in capacity for homeless families with children and will not generate traffic impacts. L. That the location, size, and general appearance of the proposed parking lot, as conditioned, is compatible with the surrounding area in that the proposed parking lot is in substantial conformance with parking lot standards and provides ample landscape setback area to create effective landscape screening of the parking area. The proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Planning Commission has considered at least the following items: 1. Setbacks and site planning. 2. Landscaping, parking area design and traffic circulation. 3. Location, height and standards of exterior illumination. Resolution No. 4299 Page 4 4. Physical relationship of proposed structures to existing structures in the neighborhood. 5. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 6. Development guidelines and criteria as adopted by the City Council. M. On January 16, 2001, the City certified the Program FEIS/EIR for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. The FEIS/EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former MCAS, Tustin. An Environmental Checklist, attached hereto as Exhibit A, has been prepared and concluded that these actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. The Planning Commission hereby approves Amendment to CUP 01-030 and DR 2015-022 to increase transitional housing capacity and construct a new parking lot for the VOH facility located at 1 Hope Drive, subject to the conditions contained within Exhibit B, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 27th day of October, 2015. -1a`PZ JEFF R. THOMPSON Chairperson '0-1`. mwz. lz - ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4299 Page 5 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4299 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of October, 2015. "0 OEM ELIZABETH A. BINSACK Planning Commission Secretary Kozak, Lumbard, Smith, Thompson (4) Altowaiji TT) W d lk ft t EXHIBIT B CONDITIONS OF APPROVAL AMENDMENT TO CUP 01-030 TRANSITIONAL HOUSING DR 2015-022: NEW PARKING LOT I HOPE DRIVE The proposed use shall substantially conform to the project description and submitted plans for the project date stamped October 27, 2015, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications during plan check if such modifications are to be consistent with the provisions of the Tustin City Code (TCC) and other applicable codes. 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request and associated fee are received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of the amendment to Conditional Use Permit (CUP) 01-030 and Design Review (DR) 2015-022 is contingent upon the applicant and 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 "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) 1.5 As a condition of approval of amendment to CUP 01-030 and DR 2015- 022, the applicant and property owner shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City of Tustin (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 SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW EXCEPTIONS Resolution No. 4299 Exhibit B Page 2 other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant and/or property owner 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 the defense of any such action under this condition. 1.6 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.7 The applicant and/or property owner shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.8 CUP 01-030 may be reviewed at any time by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with CUP 01-030 or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. 1.9 Approval of the subject projects shall be contingent on a successful transfer of ownership of the vacant parcel (APN 430-283-05) from the City to the applicant. 1.10 All applicable conditions of Resolution Nos. 3817 and 08-09 remain in effect. TRANSITIONAL HOUSING USE RESTRICTIONS 2.1 The maximum number of beds in the facility shall be 387, based on the 92 parking spaces provided on-site and sixteen (16) off-site parking spaces provided within the Advance Technology & Education Park (ATEP) site. If parking spaces within the ATEP parking lots are no longer available to the applicant, the applicant shall reduce its capacity to a maximum 324 beds or secure sixteen (16) off-site parking spaces in a manner reasonably acceptable to the City. The applicant shall notify the City if and when the ATEP parking lots are no longer available for use by the Village of Hope facility. (1) 2.2 If, in the future, the City determines that a parking or traffic problem exists on the site or in the vicinity as a result of the proposed project, Resolution No. 4299 Exhibit B Page 3 the Community Development Director may require the applicant to prepare a parking demand analysis or traffic study and the applicant and/or property owner shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic problem, the applicant and/or property owner shall be required to provide measures to be reviewed and approved by the Community Development Department and/or Public Works Department. Said measure may include, but are not limited to, the following: a. Reduce the number of persons allowed in the facility at any given time. b. Provide additional parking. WMM�Mll=� 3.1 The applicant shall relocate or otherwise replace trees removed as a result of parking lot construction at a ratio of 1:1. (1) 3.2 At the time of building permit application, the plans shall comply with the latest edition of the codes (building codes, Green Building Code), City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City. (1) 3.3 All private onsite design and construction of improvement work shall be designed and performed in accordance with the applicable portions of the City's "Grading Manual" and "Construction Standards for Private Streets, Storm Drain and On -Site Private Improvements," except as otherwise approved by the Building Official. Said plans shall include, but not be limited to, the following: A. Drive aisle paving; all drive aisles, and curb return radius shall be consistent with the City's design standards for private street improvements, unless otherwise approved by the Building Official, and all roadway and driveway widths and parking area widths (and lengths where appropriate) shall be dimensioned on the plans; B. Catch basin/storm drain laterals/connections to the public storm drain system with approval of the City; and, C. Underground utility connections: All new utility lines shall be placed underground by the developer. (1) 3.4 Parking lot lighting shall be installed to direct glare away from adjacent properties in compliance with the TCC. Resolution No. 4299 Exhibit B Page 4 3.5 Prior to permit issuance, the applicant shall execute deed restrictions or other acceptable documents, as stipulated in the Transfer Agreement, that ensure the VOH facility and the new parking lot are held as one (1) to accommodate the VOH facility. 3.6 Prior to permit issuance, the applicant egress easement, or deed restriction as City, allowing the parking lot parcel driveway on the VOH parcel. shall record an ingress and deemed appropriate by the access through the existing (1) 4.1 Prior to issuance of a Grading Permit, a final grading plan, prepared by a California Registered Civil Engineer, shall be submitted and approved. The grading plan shall be consistent with the approved site and landscaping plans. (1) 4.2 Prior to issuance of a Grading Permit, a grading bond (on a form acceptable to the City) will be required. The engineer's estimate, which covers the cost of all work shown on the grading plan, including grading, drainage, water, sewer and erosion control, shall be submitted to the City for approval. (1) 4.3 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 fifteen (15) miles per hour. WATER QUALITY (1) 5.1 This development shall comply with all applicable provisions of the City's Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (1) 5.2 Preparation of a sedimentation and erosion control plan for all work related to this development shall be required. (1) 5.3 Prior to issuance of any permits, the applicant shall submit a final Water Quality Management Plan (WQMP) for approval by the Community Development and Public Works Departments. The WQMP shall identify Low Impact Development (LID) principles and Best Management Practices (BMPs) that will be used on-site to retain storm water and treat predictable pollutant run-off. Structural BMPs identified in the WQMP shall be shown on the grading plan. Resolution No. 4299 Exhibit B Page 5 The WQMP shall identify the following: a. Implementation of BMPs. b. Assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.). c. Reference to the location(s) of structural BMPs. (5) 5.4 Prior to submittal of a WQMP, the applicant shall submit a deposit of $2,700.00 to the Public Works Department for the estimated cost of reviewing the WQMP. (1), 5.5 Prior to issuance of a grading permit, the applicant shall record a (5) "Covenant and Agreement Regarding Operation and Maintenance (O&M) Plan to Fund and Maintain Water Qualitv BMPs, Consent to Inspect, and Indemnification" with the County Clerk -Recorder. This document shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non- structural BMPs as specified in the approved WQMP. (1), 5.6 Prior to issuance of a Grading Permit, the applicant shall submit a copy (5) of the Notice of Intent (NOI) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System (NPDES) State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Quality Control Board. SOLID WASTE RECYCLING (1)5 6.1 Construction and Demolition Waste Recycling and Reduction Plan (5) (WRRP). 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 JCC Section 4351, et al) to recycle at least 50 percent of the project waste material or the amount required by the California Green Building Standards Code. 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 in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or $2,500, whichever is greater. In no event shall a deposit exceed $25,000. Resolution No. 4299 Exhibit B Page 6 19A C. Prior to issuance of any permit, 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 6.2 Within forty-eight (48) hours of final approval of the 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.