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HomeMy WebLinkAboutCC RES 04-47 RESOLUTION NO. 04-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE TRACT MAP 16481 TO SUBDIVIDE A 1.035 ACRE PARCEL LOCATED AT THE NORTWEST CORNER OF MAIN STREET AND PROSPECT AVENUE INTO THIRTEEN (13) NUMBERED LOTS AND ONE (1) LETTERED LOT FOR THE PURPOSE OF DEVELOPING A COMMERCIAL BUILDING AND TWELVE (12) LlVE/WORK UNITS WITHIN A PLANNED UNIT DEVELOPMENT The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That a proper application for Tentative Tract Map 16481 was submitted by Prospect Village LP, a California Limited Partnership (formerly known as the Pelican Center LLC), requesting approval to subdivide a 1.035 acre parcel located at the northwest corner of Main Street and Prospect Avenue into thirteen (13) numbered lots and one (1) lettered lot for the purpose of developing a commercial building and twelve (12) live/work units. B. That a public hearing was duly called, noticed, and held for said map on April 26, 2004, by the Planning Commission and the Planning Commission recommended that the City Council approve Tentative Tract Map 16481. C. On May 3, 2004, the City Council appealed the Planning Commission's decision to the City Council. D. That a public hearing was duly called, noticed, and held for said map on May 17, 2004, by the City Council. E. The project site is located at the northwest corner of Main Street and Prospect Avenue and is located within the General Plan "Old Town Commercial" land use designation, Central Commercial-Parking Overlay (C2-P) zoning district, Cultural Resources Overlay zoning district, and Town Center Redevelopment Project Area. F. The proposed subdivision would be consistent with the Tustin General Plan, if Zone Change 03-002 is adopted by the City Council. In accordance with the provisions of the General Plan "Old Town Commercial" land use designation, Zone Change 03-002 would establish a Planned Community district and Planned Community district regulations to govern the location, land use type, density, and building intensity standards to ensure Resolution No. 04-47 Page1of13 compatibility of land uses in the vicinity and within the development. Tentative Tract Map 16481, as conditioned, would be required to conform to the "Prospect Village Planned Community District Regulations." G. As conditioned, the map would be required to conform with the State Subdivision Map Act and the Tustin City Code Section 9323 (Subdivision Code). H. As conditioned, the subdivision would promote orderly development to preserve the public health, safety, and general welfare and provide for proper use of land and adequate traffic circulation, utilities, and other services. I. 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. J. The site is physically suitable for the proposed building intensity and density of the development in that the project, if Zone Change 03-002 is approved, would be consistent with the "Prospect Village Planned Community District Regulations," which provide for a maximum building intensity of 1.0:1.28 within Planning Area A (commercial portion). Although the General Plan suggests a maximum floor area ratio of 1.0:1, the Planned Community district regulations are intended to regulate building intensity. This floor area ratio is generally consistent with many of the two-story buildings in Old Town and is appropriate for the site and the type of development envisioned by the Old Town Commercial land use designation. The live/work portion of the project will have a residential density of 16 dwelling units per acre, which corresponds to the lower end of the high density residential land use designation range of 15 dwelling units to 25 dwelling units per net acre. The Old Town Commercial land use designation provides for a range of residential densities by allowing a population density range of 2 to 54 persons per acre. Using an average of 2.24 persons per dwelling unit assumed for the high density residential range, the Planned Community District Regulations would provide for approximately 27 persons on approximately three-quarters of an acre (or 34 persons per acre) and is within the density range anticipated by the General Plan. K. 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 applicable regulations of the City of Tustin and Orange County Fire Authority. The proposed tentative tract map or the proposed improvements would not cause substantial environmental damage to fish or wildlife in their natural habitat. L. Resolution No. 04-47 Page2of13 M. N. O. As conditioned, the developer would be required to enter into a reimbursement agreement for construction of improvements including: 1) enhanced paving and landscape improvements in the public alley, 2) half- width street improvements (paving, curbs, and gutters) on Prospect Avenue between Main Street and Third Street, 3) sidewalks on Prospect Avenue and Third Street with enriched paving and pedestrian bump-outs at Main Street and Third Street, and 4) landscaping, which is consistent with the recently installed streetscape improvements in the Old Town commercial district. The developer will also be required to construct a new sidewalk on Main Street that is consistent with the Americans with Disabilities Act, which is needed to support pedestrian access to and from the new commercial building. In addition, an approximately 4,900 square foot portion of the alley to the west, which is currently an easement and defined in Attachment 1 to the Disposition and Development Agreement, will be granted in fee title to the City. As conditioned, the subdivider will be required to pay park fees, on a per unit basis, based on a minimum of .0065 acre per dwelling unit, and reflecting the value of land required for park purposes in accordance with Section 9331.d.3 of the Tustin City Code and as required by the DDA. The subdivision would establish a planned unit development where there are undivided interests in common areas such as the drive aisle, open parking areas, open space areas, and landscape areas with 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. As conditioned, the developer would be required to record a declaration of covenants, conditions, and restrictions for the project. That the scope of this activity is within the scope of the Prospect Village Final Environmental Impact Report (FEIR). In accordance with the provisions of the California Environmental Quality Act (CEQA), the City Council has considered the FEIR and found that it is complete and adequate and adopted Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring Program prior to approving Tentative Tract Map 16481 by adopting Resolution No. 04-45. The City Council hereby approves Tentative Tract Map 16481 to subdivide a 1.035 acre parcel located at the northwest corner of Main Street and Prospect Avenue into thirteen (13) numbered lots and one (1) lettered lot for the purpose of developing a commercial building and twelve (12) live/work units within a planned unit development, subject to the conditions contained in Exhibit A attached hereto. II. P. Resolution No. 04-47 Page 3 of 13 PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 1¡th day of May, 2004. ~ Mayor ATTEST: ~~~ City Clerk STATE OF CALIFORNIA) COUNTY OF ORANGE) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 04-47 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 1 ¡th day of May, 2004 by the following vote: COUNCILMEMBERAYES: KAWASHIMA, BONE, DAVERT, HAGEN, THOMAS COUNCILMEMBER NOES: NONE COUNCILMEMBER ABSTAINED: NONE COUNCILMEMBER ABSENT: NONE (5) (0) (0) (0) ~KtiQq ~ P M LA STOKER, City Clerk Resolution No. 04-47 Page 4 of 13 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. Within 24 months from tentative map, 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. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW ... EXCEPTION GENERAL (1 ) 1.1 (1) 1.2 (1 ) 1.3 (1 ) 1.4 EXHIBIT A TENTATIVE TRACT MAP 16481 RESOLUTION NO. 04-47 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped May 17, 2004, 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 16481 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 16481, 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. (5) (6) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES (7) PC/CC POLICY (1 ) 1.5 (1 ) 1.6 (1) 1.7 (1) 1.8 (5) 1.9 (1 ) Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the recordation of a final map, subject to review and approval by the Community Development Department and City review required pursuant to the Disposition and Development Agreement for Prospect Village. Approval of Tentative Tract Map 16481 shall become null and void in the event that the City Council does not approve the Disposition and Development Agreement (DDA) in case of default by the developer or termination by the City, including, but not limited to, the City's approval of any final maps not completed at the time of default or termination. Approval of Tentative Tract Map 16481 shall become null and void in the event that City Council does not approve Zone Change 03-002, Tentative Tract Map 16481, or if conditions of the DDA for the project are violated. Approval of Tentative Tract Map 16481 shall become null and void in the event that Community Development Director does not issue a Certificate of Appropriateness for the project. This development is subject to the applicant's fulfillment of all provisions of DDA. 1.10 The development of the project authorized by Tentative Tract Map 16481 shall be in accordance with the FEIR Mitigation Monitoring Program, Zone Change 03-002, and Design Review 03-012 as approved by Resolution Nos. 3910, 3911, and 3913 which are incorporated herein by reference, as though fully set forth in the DDA. DECLARATION OF COVENANTS. CONDITIONS & RESTRICTIONS (CC&RS) (1 ) 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, and 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: a. 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 Resoiution No. 04-47 Page 6 of 13 jointly owned or benefited to operate and maintain all other mutually available features of the development including, but not limited to, open space, amenities, landscaping, private streets, and utilities. b. 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. d. 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. e. Membership in the homeowners association shall be inseparable from ownership in individual units. f. 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. g. The ground floor of the Live-Work units along Prospect Avenue shall be limited to retail uses specifically noted in the Planned Community regulations (Attachment A of Resolution No. 9311). Retail/Professional office uses are permitted on the ground floor of the Live-Work units facing the alley (Prospect Lane) limited to uses specified in the Planned Community regulations (Attachment - A of Resolution No. 3911). (DDA) h. At the minimum ten (10) of the twelve (12) Live-Work units shall be owner/retail proprietor occupancy on all floors. (DDA) Maintenance standards shall be provided for applicable items listed in Section D. Examples of maintenance standards are shown below: 1. 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 Resolution No. 04-47 Page 7 of 13 k. j. k. Resolution No. 04-47 PageBof13 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. 2. All private roadways, sidewalks, and open space areas shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travel ways should be removed or repaired promptly. 3. 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. No private open space would be provided for the Live-Work Units; areas within Lot A surrounding Lots 2 through 13 will be common open space. The approved "Site Plan" 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. 2. A minimum of three (3) unassigned guest parking spaces shall be permanently maintained in locations shown on the site plan. 3. 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. I. o. q. 4. Residents shall park vehicles in garage spaces. Storage of 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. 5. 6. Trash and recycling bins shall be located on the designated areas on Prospect Avenue and the alley twelve hours before trash pick up day and collected twelve (12) hours after collection. Maintenance of all common areas, drive aisle, driveways, etc., shall be the responsibility of the homeowners association. m. Television and radio antennas shall be installed in accordance with the requirements of the Tustin City Code. n. 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 1 st 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. p. 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 Resoiution No. 04-47 Page 9 of 13 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 ) 3.1 G. H. I. Resolution No. 04-47 Page 10 of 13 Prior to issuance of building permits or recordation of the final map, whichever occurs first, 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 home buyer 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. A notice for potential roadway noise and airport noise that may impact the subdivision, including roadway noise associated with Main Street which is a primary four (4) land road and Prospect Avenue which is a secondary two (2) lane road and potential noise and activity associated with the adjacent commercial buildings and operation of the ground floor retail or office uses in the commercial building and Live-Work units. B. A notice regarding units that are adjacent to aboveground utilities or structures (such as street light standards and fire hydrants) identifying the type of structure and their locations. C. A notice indicating that any use of Live-Work Units shall be in accordance with the requirements of the Planned Community Regulation and subject to the City's Business License regulations and Home Occupation Ordinance. E. A notice indicating the development standards associated with the live/work units. F. A notice explaining and providing a copy of a "Common Area Open Space Exhibit." A notice explaining and providing a copy of the approved "Guest Parking Exhibit" and related CC&R provisions. 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. J. A notice that the adjacent commercial building will contain a restaurant use (approximately 3,000 square feet) with an outdoor dining area. K. A notice that street parking would not be permitted on Prospect Avenue during trash pick up hours. MAPPING AND INFRASTRUCTURE (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) 4.1 4.2 4.3 4.4 4.5 4.6 4.7 Prior to issuance of building permits, the project applicant shall submit the site plan to the Orange County Fire Authority to demonstrate adequate emergency vehicle access will be provided at all times. The Subdivider shall satisfy dedication and/or reservation requirements as applicable, including but not limited to, dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific locations by the City Engineer and other agencies. Through a reimbursement agreement with the City, the developer shall design and reconstruct Prospect Avenue adjacent to the project site consistent with current City standards. The developer shall construct public improvements including sidewalk, curb and gutter, street light, landscaping, and any missing improvements along the project frontage to the centerline of Prospect Avenue. Through a reimbursement agreement with the City, the developer shall remove and replace sidewalk, curb and gutter, and landscape and install street lights along the project frontage on Third Street. Through a reimbursement agreement with the City, the developer shall construct improvements in the public alley consistent with the City plans for the East Alley Improvements. In addition, the easement held by the City on a portion of the public alley between Main Street and Third Street and defined in Attachment 1 of the Disposition and Development Agreement shall be granted in fee to the City and shall be consistent with the approved legal description submitted and approved by the Public Works Department. Through a reimbursement agreement with the City, the developer shall design and construct a brick paver crosswalk on Prospect Avenue at Main Street. The backflow prevention devices shall be installed in accordance with applicable standards and codes and shall be installed within an easement Resolution No. 04-47 Page 11 of 13 (1 ) (1 ) (1 ) (1 ) (1 ) of suitable size to allow for unobstructed access, inspection, testing, and maintenance. (1 ) 4.8 Upon recordation of final tract map, the applicant shall obtain new addresses from the Engineering Division. (1 ) 4.9 Prior to the approval of a subdivision map (except for financing and conveyance purposes), the project applicant shall design and construct a local drainage collection system designed for a minimum 10-year storm frequency except in sump conditions where a 25-year storm frequency shall be used. Secondary discharge outlets shall be provided for all sump inlet conditions. Design shall be in accordance with the City of Tustin and County of Orange standards. (1 ) 4.10 Improvement plans shall be reviewed and approved by the Orange County Fire Authority (OCFA) for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenance shall conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. 4.11 Prior to issuance of a grading permit, building permit, or submittal of the final map, whichever comes first, the subdivider shall identify type and class of water main and laterals. 4.12 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 these mainlines shall be identified. 4.13 Prior to final map approval, the subdivider shall submit: A. B. 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 built" grading, landscape, and improvement plans prior to Certificate of Acceptance. 4.14 Prior to recordation of the final map, the subdivider shall execute a subdivision and monumentation agreement and furnish the improvement and monumentation bonds as required by the City Engineer. 4.15 In addition to the normal full-size plan submittal process, all final Resolution No. 04-47 Page 12 of 13 FEES (1 ) 5.1 (1 ) 5.2 (2) 5.3 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 2004 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 2004. Drawings created in AutoCAD Release 2004 is 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. The applicant shall submit to the City of Tustin a fee for the review of Covenants, Conditions, and Restrictions (CC&Rs) and homebuyer notifications at the time of submittal. The review fee includes one initial check and recheck of the document. If subsequent review is required, an hourly fee of $190 per hour (or the rate in effect at the time of submittal) for the City Attorney and $50 per hour (or the rate in effect at the time of submittal) for staff review shall be submitted. The applicant shall pay fees in lieu of parkland dedication of a minimum of .0065 acre per dwelling unit. The value of the amount of such fees shall be based upon the requirements of Section 9331.d.3 of the Tustin City Code. 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- 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. Resolution No. 04-47 Page 130f13