Loading...
HomeMy WebLinkAboutPC RES 4388 RESOLUTION NO. 4388 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2019-00006 AUTHORIZING THE ESTABLISHMENT OF A TEMPORARY HOME SALES CENTER INCLUDING A SALES OFFICE TRAILER, PARKING LOT AND LANDSCAPING FOR THE LEVITY AT TUSTIN LEGACY SUBDIVISION. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit (CUP) 2019-00006, was filed by Brett Hamara of Lennar Homes of California, requesting to establish a temporary homes sales center including a 2,100 square feet sales office trailer, parking lot and landscaping for the Levity at Tustin Legacy subdivision for a time period of longer than one (1) year. B. That the project site is located within Planning Area 15 of the Tustin Legacy Specific Plan (SP 1) zoning district and has a General Plan Land Use designation of Tustin Legacy Specific Plan, which provides for residential uses including uses accessory to residential developments. in addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin's General Plan and has been determined to be consistent with the Air Quality Sub-element. C. That, pursuant to the Tustin City Code (TCC) Section 9270b3., Planning Commission approval of a CUP is required for temporary uses that encompass a period longer than one (1) year. D. That a public hearing was duly called, noticed, and held for said application on June 11, 2019, by the Planning Commission. E. That the establishment of a temporary home sales center including sales office trailer, parking lot and landscaping 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, 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: 1. The proposed use is suitable for the site in that new housing subdivisions typically have onsite sales offices as a venue to provide information on floor plans, home prices and the overall community to potential homebuyers as well as a place to execute sales contracts and escrow documents. Resolution No. 4388 Page 2 2. The temporary home sales center including sales office trailer, parking lot and landscaping would not be detrimental to the general welfare of persons residing in the immediate vicinity, the neighborhood or the community at large because the use shall be contained to the project site and adjacent model homes and is an accessory use to the overall construction and use of the residential subdivision. 3. As conditioned, the applicant shall implement appropriate and adequate safety and security measures to mitigate potential conflicts between construction,~ home sales and residential activities as building phases are completed and homes are occupied. 4. The sales office, parking lot and associated landscaping are temporary and are located on site for future townhome units. The trailer will be removed upon residential buildout or the expiration date (December 31, 2022). F. This project is Categorically Exempt pursuant to Section 15304(e) (Class 4) of the California Environmental Quality Act (CEQA). II. The Planning Commission hereby approves CUP-2019-00006 authorizing establishment of a temporary home sales center including a 2,100 square feet sales office trailer, parking lot and landscaping for the Levity at Tustin Legacy subdivision until the expiration date (December 31, 2022), subject to the conditions of approval contained within Exhibit A. Resolution No. 4388 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 11 th day of June, 2019. TE\/E`KUAK Chairperson I bETH! A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITYOF TU TINT' 1, Elizabeth A. Binsack, the undersigned, hereby certify that 11 am the Planning Commission Secretary of the City of Tustin, California and that Resolution No, 4388 was duly passed and adopted at a regular meeting of the Tustin Planning Commission held on the 11th day of June, 2019. PLANNING COMMISSIONER AYES: Gallagher, Jha, Kozak,, Mason, T'hoinjisc�n C15) PLANNING, COMMISSIONER NOES PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: " ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4388 CONDITIONAL USE PERMIT 2019-00006 CONDITIONS OF APPROVAL PORTIONS OF LOTS 1 & 6 IN TRACT 18125 TEMPORARY HOMES SALES CENTER FOR LEVITY AT TUSTIN LEGACY GENERAL (1) 1.1 The proposed project shall substantially conform with the Tustin City Code (TCC) and Tustin guidelines and standards and be consistent with submitted plans for the project date stamped June 11, 2019, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the TCC or other applicable regulations. (1) 1.2 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) 1.3 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 is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit (CUP) 2019-00006 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 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. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.6 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 SOURCE CODES (4)STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2)CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION h Exhibit A Resolution No. 438B Page 2 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 the defense of any such action under this condition. (1) 1.7 The applicant 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-2019-00006 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with CUP-2019-00006, 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. USE:RESTRICTIONS *** 2.1 CUP-2019-00006 is to allow for the establishment of a temporary home sales center including a 2,100 square feet office trailer, parking lot and landscaping to accommodate home sales activities for the Levity at Tustin Legacy subdivision. The sales office trailer, parking lot and landscaping shall be removed by December 31, 2022. (1) 2.2 Outside storage is prohibited, except as authorized by the Community Development Director. *'* 2.3 The applicant shall consult with Orange County Fire Authority (OCFA) to provide gate access, as necessary, along the proposed .fencing. (1) 2.4 Chain link fencing adjacent to and/or visible from the public right-of-way shall be installed with mesh screening to hide the chain link material, subject to review and approval of the Community Development Department. The applicant shall maintain screening material in good condition and replace deteriorated material as necessary. *** 2.5 The hours of operation shall be 10:00 a.m. to dusk, daily. Exhibit A Resolution No. 4388 Page 3 (1) 2.6 Any changes to the hours of operation, number of parking spaces, and/or use require review and approval of the Community Development Director and may require an amendment to CUP conditions of approval. (1) 2.7 Prior to commencing sales office operations and/or installing signage, the applicant shall submit a master sign plan for review and approval for the home sales center including but not limited to wayfinding, walls signs and banner signs. The proposed signage shall comply with the Tustin Legacy Specific Plan and City Sign Code regulations. (1) 2.8 The applicant shall comply with review, permit and implementation requirements for grading, erosion control and utility connections. (1) 2.9 All activities shall comply with the City's Noise Ordinance. (1) 2.10 The applicant shall arrange trash cart service for regular trash and recyclables with the City's trash hauler. (1) 2.11 No amplified sound devices are permitted outside of the building. (1) 2.12 The project site shall) be improved with site lighting to comply with the Tustin Security Code requirements. *** 2.13 The applicant shall implement appropriate and adequate safety and security measures to mitigate potential conflicts between construction, home sales and residential activities as building phases are completed and homes are occupied. PLAN SUBMITTAL (1) 3.1 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 of Tustin. (1) 3.2 The applicant shall submit a copy of the State building permit and State- approved stamped plans for the temporary trailer. Mechanical, electrical and plumbing plans shall show the connection to utilities. (1) 3.3 All utilities serving the site shall be installed underground. (1) 3.4 Site accessibility and accessible path of travel from the right-of-way to the temporary trailer shall be provided in accordance with ADA requirements and shown on the plans. Exhibit A Resolution No.4388 Page 4 *** 3.5 The applicant shall submit a cash deposit in the amount of$15,000.00 to ensure the trailer and signage are removed and the site, landscaping, etc. are restored at the end of scheduled time of removal. (1) 3.6 At plan check, complete detailed landscaping and irrigation plans for landscape areas consistent with adopted City of Tustin Landscaping requirements shall be submitted. The pians shall include the following: a. A summary table identifying plant materials. The plant table shall list botanical and common names, sizes, spacing, Iocation symbol, and quantity of the plant materials proposed. b. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devises, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. c. Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. d. The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. Add a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. e. Shrubs shall be minimum of five (5) gallon size and shall be placed a maximum of five feet on center. Other sizes and spacing may be permitted subject to approval of the Community Development Department. f. Ground cover shall be planted eight(8)to twelve(12) inches on center, or as approved by the Community Development Department. g. All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to: trimming, weeding, and removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. h. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing and coverage. Details for all equipment must be provided. The project shall comply with the City's Water Efficient Landscape Ordinance and any Executive Orders issued from the Governor of the State of California pertaining to water conservation and irrigation Exhibit A Resolution No. 4388 Page 5 methods. Plant material shall be installed in appropriate sizes so as to result in faster landscape coverage and appearance of mature landscaping. (1) 3.7 The applicant/contractor is required to submit a Waste Recycling and Reduction Plan (WRRP) to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al)to recycle at least 65 percent of the project waste material or the amount required by the California Green Building Standards Code. . a. 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 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. b. 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". FEES (1) 4.1 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 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. (1) 4.2 Prior to issuance of any 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 application submittal and/or permit issuance and are subject to change. a. Building plan check and permit fees. b. Utility connection fees to the appropriate agency.