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HomeMy WebLinkAboutPC RES 3900RESOLUTION NO. 3900 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP 16506 TO SUBDIVIDE AN EXISTING 3.23 ACRE PARCEL LOCATED AT 14552 NEWPORT AVENUE INTO ONE (1) NUMBERED LOT AND ONE (1) LETTERED LOT FOR THE PURPOSE OF DEVELOPING SIXTY-THREE (63) CONDOMINIUM OWNERSHIP UNITS. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: That a proper application for Tentative Tract Map 16506 was submitted by the Olson Company on behalf of Dorothy Lee Mauk, requesting approval to subdivide an existing 3.23 acre pamel established by Parcel Map 84-1029, addressed at 14552 Newport Avenue into one (1) numbered lot and one (1) lettered lot for the purpose of developing sixty-three (63) condominium ownership units (Parcel 1 of Parcel Map 84-1029); That a public hearing was duly called, noticed, and held for said map on November 10, 2003, by the Planning Commission; That the proposed subdivision is consistent with General Plan Amendment 03-001, if approved by the City Council as adopted by Resolution No. 03- 131, which would change the General Plan Land Use Designation from "Public/Institutional" to "High Density Residential"; That the subdivision is consistent with Zone Change 03-001, if approved by the City Council as adopted by Ordinance No. 1282, which would change the zoning of the property from Commercial General (CG) District to Multiple Family Residential (R-3) District; As conditioned, the map would be in conformance with the State Subdivision Map Act and the Tustin City Code Section 9323 (Subdivision Code); That the site is physically suitable for the type of development proposed in that the project is accessible through the City's current street system and could be supported with existing transportation and public facilities; That the site is physically suitable for the proposed density of the development in that the site will be developed with 19.5 units per acre within a property that is zoned for a maximum of 25 units/acre; That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems in that the project has been conditioned to comply with development standards of the City, Orange County Fire Authority, and Orange County Health Care Agency; That the tract map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; The Circulation Element of the General Plan classifies Newport Avenue as a Modified Major arterial highway which calls for an ultimate six (6) lane highway. Newport Avenue is currently improved with four vehicle lanes. Section 9331 of Tustin City Code authorizes a dedication of land to widen Newport Avenue to a Modified Major arterial highway. Therefore, the applicant will be required to dedicate a ten (10) foot wide strip of land and construct street improvements along the project frontage. Resolution No. 3900 Tentative Tract Map 16506 November 10, 2003 Page 2 Section 9331 of the Tustin City Code authorizes a dedication of park land as part of Subdivision Map. The applicant is required to dedicate a minimum of .0065s acre per dwelling unit for parkland or pay fees in lieu of parkland dedication. T he value of the amount of such fees shall be based upon the requirements of Section 9331.d.3 of the Tustin City Code The project involves a condominium project where there are undivided interests in common areas such as parking areas, landscape areas, drive aisle, and driveways and separate interests in space for the units. Section 1350, et al of the California Civil Code authorizes the creation of an association to set forth the restrictions on the use or enjoyment of any portion of the common interest in a condominium development. Consequently, the applicant is required to record a declaration of covenants, conditions, and restrictions for the project. A Mitigated Negative Declaration has been prepared for this project in accordance with the provisions of the California Environmental Quality Act (CEQA) and recommended for approval by the City Council. II. The Planning Commission hereby recommends that the City Council approve Tentative Tract Map 16506 to subdivide an existing 3.23 acre parcel established by Parcel Map 84-1029 located at 14552 Newport Avenue into one (1) numbered lot and one (1) lettered lot for the purpose of developing sixty-three (63) condominium ownership units (Parcel 1 of Parcel Map 84-1029), subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held °nthel0~hday°fN°vember'2003' //~_ ~f~J~~~ ~' . . /Chairperson(.,,/ ELIZABETH A. BINSACK Planning Commission Secretary 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 Planning Commission of the City of Tustin, California; that Resolution No. 3900 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of November, 2003. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 (1) 1.s EXHIBIT A TENTATIVE TRACT MAP 16506 RESOLUTION NO. 3900 CONDITIONS OF APPROVAL The proposed Project shall substantially conform with the submitted plans for the project date stamped November 10, 2003, 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 to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. Approval of Tentative Tract Map 16506 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. As a condition of approval of Tentative Tract Map 16506, 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. Within 24 months from tentative map approval, the subdivider shall record with the appropriate agencies a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9323 of the Tustin Municipal Code. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. All entitlements granted by Resolution Nos. 3900 and 3901 shall become null and void in the event that the City Council does not approve GPA 03- 001 and ZC 03-001. SOURCECODES (1) STANDARD CONDITION (2) (3) (4) CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTION (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Tentative Tract Map 16506- Conditions of Approval Resolution No. 3900 Page 2 Declaration of Covenants, Conditions & Restrictions (CC&Rs) (c) 2.1 Prior to issuance of building permits or recordation of the final map whichever occurs first, all organizational documents for the project including Covenants, Conditions & Restrictions (CC&Rs) shall be submitted to and approved by the Community Development Department and the City Attorney. The applicant is responsible for costs associated with the review of these documents. The approved CC&Rs shall be recorded prior to, or concurrently with, recordation of the final map. A copy of the final documents shall be submitted to the Community Development Department within five (5) days after their recordation. These provisions shall include, but not be limited to, the following: No dwelling unit in the development shall be sold or a Certificate of Occupancy issued, unless a homeowners association has been legally formed with the right to assess all these properties which are jointly owned or benefited to operate and maintain all other mutually available features o f t he development including, b ut not limited to, open space, amenities, landscaping, private streets, and utilities. The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest, as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs. C. The requirement that association bylaws be established. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including but not limited to, landscaped areas, walls and fences, private roadways (i.e., walkways, sidewalks, driveways), trash enclosures, and open space areas. Membership in the homeowners association shall be inseparable from ownership in individual units. Architectural controls shall be provided and may include, but not be limited to, provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, exterior mechanical equipment, television and radio antenna, consistent with the Tustin City Code. Maintenance standards shall be provided for applicable items listed in Section D. Examples of maintenance standards are shown below: All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. All private roadways, sidewalks, and open space areas shall be maintained so that t hey a re safe for users. Significant pavement cracks; pavement distress, excessive slab ~:xhibit A Tentative Tract Map 16506-Conditions of Approval Resolution No. 3900 Page 3 settlement, abrupt vertical variations, and debris on travel ways should be removed or repaired promptly. Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare. Homeowners association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CC&Rs. Private open spaces areas within the common area shall be illustrated on a "Private Open Space Exhibit" and shall be made part of the CC&Rs and shall specify those portions of the common open space area that are allocated for private use and public use and access rights in perpetuity. The CC&Rs shall include a separate 8¼ inch by 11 inch dimensioned site plan for each unit that is allocated private open space. The approved "Parking and Circulation Exhibit" shall be made part of the CC&Rs and shall be enforced by the homeowners association. In addition to the exhibit, provisions regarding parking shall be included in the CC&Rs, including the following: 1. All units are required to maintain a two-car garage. A minimum of 16 unassigned guest parking spaces shall be permanently maintained in locations shown on the "Parking and Circulation Exhibit" and have a minimum length of twenty-two (22) feet per stall for on street parking. Residents shall not store or park any non-motorized vehicles, trailers or motorized vehicles that exceed 7 feet high, 7 feet wide, and 19 feet long in any parking space, driveway, or private street area except for the purpose of loading, unloading, making deliveries or emergency repairs except that the homeowners association may adopt rules and regulations to authorize exceptions. Residents shall park vehicles in garage spaces. Storage of personal items may occur in the garages only to the extent that vehicles may still be parked within the required garage spaces. The homeowners association shall be responsible for monitoring and enforcing all parking and traffic regulations on private streets. The proposed CC&Rs shall include provisions requiring the association to develop and adopt an enforcement program for parking and traffic regulations within the development which may include measures for fire access and enforcement by a private security company. Maintenance of all common areas, drive aisle, driveways, etc., shall be by the homeowners association. Exhibit A Tentative Tract Map 16506-Conditions of Approval Resolution No. 3900 Page 4 Television and radio antennas shall be installed in accordance with the requirements of the Tustin City Code. All utility services serving the site shall be installed and maintained underground. The homeowners association shall be required to file the names, addresses, and telephone numbers of at least one member of the homeowners association Board and, where applicable, a manager of the project before January 1st of each year with the City of Tustin Community Development Department for the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC&R violations. The homeowners association shall be responsible for establishing and following procedures for providing access to public utilities for maintenance of their facilities within the project area, subject to those agencies' approval. No amendment to alter, modify, terminate, or change the homeowners association's obligation to maintain the common areas and the project perimeter wall or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate, or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be permitted without the prior written approval of the City of Tustin Community Development Department. HOMEBUYER NOTIFICATION (1) 2.2 Prior to recordation of the final map, the subdivider shall submit to the Community Development Department for review and approval a homebuyer notification document that includes the notifications listed below. The notification document shall be signed by each homebuyer prior to final inspection and occupancy, and a copy of the signed notification shall be provided to the Community Development Department prior to final inspection and/or issuance of each Certificate of Occupancy. A notice for roadway noise and airport noise that may impact the subdivision, including roadway noise associated with Newport Avenue, Walnut Avenue and Sycamore Avenue. The notice shall indicate that additional building upgrades may be necessary for noise attenuation. This determination is to be made as architectural drawings become available and/or where field-testing determines inadequate noise insulation. A notice regarding units that are adjacent to aboveground utilities or structures (such as light standards and fire hydrants) identifying the type of structure and their locations. A notice indicating that any use of a residence for a business shall be subject to the City's Home Occupation Ordinance and may require zoning clearance and a business license. A notice, to be approved by the City Attorney, indicating that neither the site, nor the project nor any part thereof shall be privately gated. A notice indicating the minimum building setbacks and that construction of patio covers, trellises, etc. may not be allowed. Exhibit A Tentative Tract Map 16506-Conditions of Approval Resolution No. 3900 Page 5 A notice explaining and providing a copy of a "Private Open Space Exhibit" and separate 8½ inch by 11 inch dimensioned site plan for each unit that is allocated private open space within the common area. A notice explaining and providing a copy of the approved "Parking and Circulation Exhibit" and related CC&R provisions. A notice explaining that ten (10) affordable housing units will be dispersed throughout the subdivision and will remain affordable for a period of forty-five (45) years or longer. A notice of existing and future improvements and developments in the area, including nearby non-residential uses. A notice that Tustin is subject to aircraft overflights into John Wayne airport. PUBLIC WORKS DEPARTMENT (1) 3.1 The applicant shall grant to the City of Tustin in fee title ten (10) feet additional street right-of-way along Newport Avenue and shall construct street improvements along the project frontage on Newport Avenue such that the distance from centerline to property line is 60 feet. The ten (10) foot dedication of street right-of-way shall be shown on the street improvement plan and shall include full-width street improvements per City Standard Drawing No. 101 (Major Arterial Highway). (1) 3,2 Prior to issuance of a building permit, the subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, and the City's zoning regulations. (5) 3.3 The subdivider shall be required to execute subdivision/monumentation agreements and provide improvement/monumentation bonds to the City prior to recordation of the final map. (1) 3.4 Prior to issuance of a grading permit, building permit, or submittal of the final map, whichever comes first, the subdivider shall identi~ type and class of water main and laterals. (1) 3.5 Prior to issuance of a grading permit, building permit, or submittal of the final map, whichever comes first, all proposed utility points of connection shall be clearly shown on the utility plans. An internal looped water system shall have at least two (2) points of connection to the City's water system. The design of the looped water system shall be to the satisfaction of the City Engineer. Street stations at connection points to the mainlines shall be identified. (1) 3.6 Prior to issuance of a grading permit, building permit, or submittal of the final map, whichever comes first, where public water facilities are to be located in private streets, a minimum ten (10) foot wide service lateral easement which extends five (5) feet beyond all fire hydrants would also be required and would need to be shown on the Final Tract Map and the conceptual utility plan. (1) 3.7 Prior to final map approval, the subdivider shall submit: A current title report; and, A duplicate mylar of the Final Map, or 8 % inch by 11 inch transparency of each map sheet prior to final map approval and "as Exhibit A Tentative Tract Map 16506-Conditions of Approval Resolution No. 3900 Page 6 built" grading, landscape, and improvement plans prior to Certificate of Aceptance. (1) 3.8 Prior to recordation of the final map, the subdivider shall execute a subdivision/monumentation agreement and furnish the improvement/monumentation bonds as required by the City Engineer. (1) 3.9 Prior to recordation of the Final Map, the applicant shall provide fire protection access easements and dedicate them to the City. The easements shall be located within unobstructed areas and clear access shall be provided at all times. (1) 3.10 Upon recordation of the Final Map, the applicant shall obtain a new address from the Engineering Division. (1) 3.11 Prior to issuance of a grading permit, building permit, or submittal of the final map, whichever comes first, all water facilities beyond the water meter are to be private and are to be owned, operated, and maintained by the respective owner. These facilities are to be reviewed and approved by the County of Orange. (1) 3.12 In addition to the normal full-size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans shall be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 13 or 14 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 14. Drawings created in AutoCAD Release 13 or Release 12 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. FEES (1) 4.1 The applicant shall submit to the City of Tustin any additional CC&R Review fee required at the time of submittal. The CC&R Review fee includes one initial check and recheck of the document. If subsequent review is required, an hourly fee of $190 per hour (or rate in effect at the time of submittal) for City Attorney and $50 per hour (or rate in effect at the time of submittal) for Planning staff is required. (1) 4,2 The applicant shall dedicate a minimum of .0065 acre per dwelling unit for parkland or pay fees in lieu of parkland dedication. The value of the amount of such fees shall be based upon the requirements of Section 9331 .d.3 of the Tustin City Code. (2) 4.3 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 forty- Exhibit A Tentative Tract Map 16506-Conditions of Approval Resolution No. 3900 Page 7 three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the 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.