Loading...
HomeMy WebLinkAboutCC RES 05-45 RESOLUTION NO. 05-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING VESTING TENTATIVE TRACT MAP 16790 TO SUBDIVIDE AN EXISTING 4.99 ACRE PARCEL INTO ONE (1) NUMBERED LOT TO ACCOMMODATE DEVELOPMENT PLANS APPROVED BY DESIGN REVIEW 04-025, WHICH AUTHORIZED THE CONSTRUCTION OF NINETY-THREE (93) RESIDENTIAL CONDOMINIUM UNITS AT 1361 EL CAMINO REAL. 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 Vesting Tentative Tract Map 16790 was submitted by Nevis Tustin, LCC., requesting approval to subdivide an existing 4.99 acre parcel known as the southerly half of Lot 31, in the City of Tustin, as shown on the map described as "Plat No.1 of the Ranchos Santiago de Santa Ana and San Joaquin," recorded in Book 5, Page 7 of Miscellaneous Records of Los Angeles County, California, addressed at 1361 EI Camino Real into one (1) numbered lot to accommodate development plans approved by Design Review 04-025, which authorized the construction of ninety-three (93) residential condominium units; B. That a public hearing was duly called, noticed, and held for said map by the Planning Commission on February 14, 2005, and the Planning Commission adopted Resolution No. 3963 recommending that the City Council approve Tentative Tract Map 16790; C. That a public hearing was duly called, noticed, and held for said map on March 7, 2005, by the City Council; D. That the proposed subdivision is in conformance with the Tustin General Plan and the Multiple Family Residential (R-3) Zoning District, which provide for the development of condominiums; E. As conditioned, the map would be in conformance with the State Subdivision Map Act and the Tustin City Code Section 9323 (Subdivision Code); F. 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; Resolution No. 05-45 Page1of13 G. That the site is physically suitable for the proposed density of the development in that the site will be developed with 18.64 units per acre within a property that is zoned for a maximum of 25 units/acre; H. 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; I. 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; J. That Section 9331 of the Tustin City Code authorizes a dedication of park land as part of the Subdivision Map. Based upon the proposed density of 18.64 dwelling units per acre, the applicant is required to dedicate a minimum of .0065s 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; K. That circulation within the site is accommodated by a "T" shaped full width private street and twenty-five (25) to thirty-one (31) foot interior drive aisles which do not meet the requirements for private streets. Section 3.2 of the City's Construction Standards for Private Streets, Storm Drain and On-Site Private Improvements authorizes the Building Official to approve deviations from the private street standards. The Building Official has reviewed and approved the following deviations: private drive width, inside curb radius, and sidewalks requirements between garages. L. That as conditioned, the subdivider would be required to 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. M. That the project results in additional traffic movements necessitating the subdivider to re-stripe the existing paved median on EI Camino Real to create a 75-foot left turn pocket to provide a more efficient access to the site. N. That 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 Resolution No. 05-45 Page 2 of 13 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. o. 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 City Council hereby approve Vesting Tentative Tract Map 16790 to subdivide an existing 4.99 acre parcel located at 1361 EI Camino Real known as the southerly half of Lot 31, in the City of Tustin, as shown on the map described as "Plat No.1 of the Ranchos Santiago de Santa Ana and San Joaquin," recorded in Book 5, Page 7 of Miscellaneous Records of Los Angeles County, California, into one (1) numbered lot to accommodate development plans approved by Design Review 04-025, which authorized the construction of ninety-three (93) residential condominium units, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the ih day of March, 2005. ~Jf~ LOU B NE Mayor P~T~Q~ City Clerk Resolution No. 05-45 Page 3 of 13 STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) SS 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. 05-45 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the ih day of March, 2005, by the following vote: COUNCILMEMBERAYES: BONE, DAVERT, AMANTE, HAGEN, KAWASHIMA COUNCILMEMBER NOES: NONE COUNCILMEMBER ABSTAINED: NONE COUNCILMEMBER ABSENT: NONE ~ City Clerk (5) (0) (0) (0) Resolution No. 05-45 Page 4 of 13 GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 EXHIBIT A RESOLUTION NO. 05-45 VESTING TENTATIVE TRACT MAP 16790 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped February 14, 2005, 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 Vesting Tentative Tract Map 16790 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 Vesting Tentative Tract Map 16790, 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. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW EXCEPTION Resolution No. 05-45 Page 5 of 13 (1 ) 1.4 Unless otherwise specified, the conditions contained in this resolution shall be complied with as specified or prior to the recordation of a final map or issuance of building permits, whichever occurs first, subject to review and approval by the Community Development Department. FINAL MAP (1 ) (1 ) (1 ) 1.5 1.6 1.7 (1 ) 1.8 Prior to issuance of a precise grading or building permit, the subdivider shall record the final map and conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, and the City's zoning regulations. Pursuant to Section 66452.6 of the State Subdivision Map Act, 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. Prior to final map approval, 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. 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. Upon recordation of a final map or issuance of a building permit whichever occurs first, the applicant shall obtain new address numbers from the Engineering Division. 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 concurrently with recordation of the final map. A copy of the final Resolution No. 05-45 Page 6 of 13 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 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. 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 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, Resolution No. 05-45 Page 7 of 13 H. I. J. Resolution No. 05-45 PageBof13 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. 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 8% 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. 2. A minimum of 24 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. 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 K. L. M. N. o. P. except that the homeowners association may adopt rules and regulations to authorize exceptions. 4. Residents shall park vehicles in garage spaces. Storage of personal items may occur in the garages only to the extent that a minimum of two (2) vehicles may still be parked within the required garage spaces. 5. 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. 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 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. 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. Resolution No. 05-45 Page 9 of 13 HOMEBUYER NOTIFICATION (1 ) 2.2 A. Resolution No. 05-45 Page 10 of 13 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, airport noise, and school operation that may impact the subdivision, including roadway noise associated with EI Camino Real, Red Hill Avenue, Interstate 5 Freeway, and the Tustin High School parking lot and school field. 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. B. 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. C. 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. D. A notice indicating the minimum building setbacks and that construction of patio covers, trellises, etc. may not be allowed. E. A notice explaining and providing a copy of a "Private Open Space Exhibit" and separate 8% inch by 11 inch dimensioned site plan for each unit that is allocated private open space within the common area. F. A notice explaining and providing a copy of the approved "Parking and Circulation Exhibit" and related CC&R provisions. G. A notice of existing and future improvements and developments in the area, including nearby non-residential uses such as the adjacent Tustin High School, various commercial uses, and interstate 1-5 Freeway. H. A notice that Tustin is subject to aircraft overflights into John Wayne airport. PUBLIC WORKS DEPARTMENT (1 ) (1 ) 3.2 (1) 3.3 (1) 3.4 (1) 3.5 (1 ) 3.6 3.1 The applicant shall re-stripe the existing paved median on EI Camino Real to create a 75-foot left turn pocket to provide a more efficient access to the site. The applicant shall provide for the undergrounding of all existing and proposed utility distribution facilities within the public right-of-way adjacent to the project as well as within the project, unless exempt per Development Code. The applicant shall be responsible for the associated costs and arrangement with each public utility. A complete hydrology study and hydraulic calculations shall be submitted for review and approval by the City. The applicant shall relocate the water valve, catch basin, fire hydrant, and parkway trees located at the proposed driveway. The new locations shall be reviewed and approved by the City Engineer. Prior to issuance of a grading permit, preparation of plans for and construction of: A. All sanitary sewer facilities shall be submitted as required by the City Engineer and local sewering agency. These facilities shall include a gravity flow system per the standards of the Orange County Sanitation District No.7. B. A domestic water system shall be designed and installed to the standards of the City of Tustin Water Services Division. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants shall be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Release/approval from East Orange County Water District shall be obtained prior to receiving water service or issuance of an encroachment permit, which ever occurs first. Prior to issuance of a grading or building permit, a separate twenty-four (24) inch by thirty-six (36) inch street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this Resolution No. 05-45 Page 11 of 13 (1 ) 3.7 FEES (1 ) 4.1 development and shall be completed prior to final inspection. Said plan shall include, but not be limited to, the following: a. Curb and gutter b. Sidewalk, including curb ramps for the physically disabled c. Drive apron d. Domestic water facilities e. Sanitary sewer facilities f. Landscape/irrigation g. Underground utility connection h. Street lighting i. Catch basin/storm drain laterals connection to existing storm drain system In addition, a twenty-four (24) inch by thirty-six (36) inch reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, will be required. 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 are also required 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 shall 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 2000 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. 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. Resolution No. 05-45 Page12of13 (1 ) (1 ) (2) 4.2 4.3 4.4 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. The applicant shall submit all fees required by the City and other agencies as identified in Planning Commission Resolution No. 3964. 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. 05-45 Page 13 of 13