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HomeMy WebLinkAboutCC RES 21-14DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO RESOLUTION NO. 21-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE DESIGN REVIEW 2019-00019 FOR CONSTRUCTION OF TWO (2) DUPLEXES BUILDINGS, ONE (1) DETACHED SINGLE FAMILY RESIDENCE AND PRESERVE AN EXISTING SINGLE FAMILY RESIDENTIAL HISTORIC RESOURCE ON AN APPROXIMATELY 18,857 SQUARE FOOT SITE LOCATED AT 1042 SAN JUAN STREET. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for General Plan Amendment (GPA) 2019-00001 and Design Review (DR) 2019-00019 was filed by Baray Karim of 7 Design+Development on behalf of Christopher Kellstrom requesting authorization to change the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) and to allow the construction of two (2) duplex buildings, one (1) detached single family residence and preserve an existing single family residential historic resource on the site at 1042 San Juan Street. 1052 San Juan Street is included in this application by the City of Tustin for General Plan consistency and amendment only; no construction is proposed at 1052 San Juan Street; B. That the property is zoned as Community Commercial (CC) and the applicant proposes to amend the General Plan Land Use Designation to High Density Residential (HDR) under GPA 2019-00001. In addition, the project has been reviewed for consistency with the Air Quality Sub -element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub -element; C. That the existing residence at the subject property is identified in the City's 1990 Historical Survey as a "B" rated structure and is listed with a National Register Historic Preservation (NRHP) Status Code 5S3 in the City's 2003 Update to the Historical Resources Survey. The project proposal includes the preservation of the existing historic residence and the proposed conditions of approval will protect the historic resource from damage during construction; D. That Tustin City Code Section 9272 requires applicants to obtain Design Review approval prior to issuance of building permits for all new structures; E. That City staff prepared an Initial Study to evaluate the potential environmental impacts associated with the project which concluded that with mitigation Resolution 21-14 Page 1 of 4 DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO measures, there is no substantial evidence that the project may have a significant effect on the environment, and a Draft Mitigated Negative Declaration (MND) was prepared; F. That a Notice of Intent to Adopt an MND was published and the MND and Initial Study were made available for a 20 -day public review and comment period from January 7, 2021, to January 27, 2021, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; G. That a public hearing was duly called, noticed, and held for GPA 2019-00001 and DR 2019-00019, on February 9, 2021, by the Planning Commission; H. That the Planning Commission adopted Resolution No. 4422, recommending that the City Council approve DR 2019-00019 for building design and site layout for two (2) duplexes and one (1) single family residence and the preservation of an existing single-family historic resource at 1042 San Juan; That the Planning Commission adopted Resolution No. 4422, recommending that the City Council approve DR 2019-00019 for building design and site layout for two (2) duplexes and one (1) single family residence and the preservation of an existing single-family historic resource at 1042 San Juan; That the project at 1042 San Juan Street meets the development standards of the Multiple -Family Residential (R3 2000) zoning district; K. That a public hearing was duly called, noticed, and held on said application on March 2, 2021, by the City Council; L. That the location, size, and general appearance of the proposed project as conditioned is compatible with the surrounding area in that there are existing two (2) and three (3) story residences in the area of a similar massing and scale. The proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Planning Commission has considered at least the following items: 1. Height, bulk, and area of proposed structure. 2. Setbacks and site planning. That the proposed project would not negatively impact the historic resource on the site and the resource will retain its integrity and ability to convey its historic significance. 3. Exterior material and colors. Resolution 21-14 Page 2 of 4 DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO 4. Type and pitch of roofs. 5. Size and spacing of windows, doors and other openings. 6. Chimneys and roof structures. 7. Landscaping, parking area design and traffic circulation. As proposed, the new buildings would have a single point of entry from the alley. 8. Location, height and standards of exterior illumination. 9. Location and method of refuse storage. 10. Physical relationship of proposed structures to existing structures in the neighborhood. Multiple family dwellings inclusive of apartments are prevalent in the neighborhood and allowed by the applicable zoning. That the project would result in construction of parkway improvements within the public right-of-way in that the existing driveway on San Juan would be removed and the curb, gutter and parkway would be reconstructed and landscaped as part of the project. 11. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. The subject property is currently developed with a single- family dwelling constructed in 1907, and the proposal would result in a net increase of five (5) dwelling units. 12. Development guidelines and criteria as adopted by the City Council. The City Council hereby approves DR 2019-00019 authorizing the construction of two (2) duplex buildings and a detached single-family residential structure and preservation of an existing single-family residential historic resource at 1042 San Juan Street subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 2nd day of March, 2021. DocuSigned by: LETTMFWARK, Mayor ATTEST: DocuSigned by: `LV'iCa aStti�,a ERICA N . rA 8460. . City Clerk t7VLJ/1 Resolution 21-14 Page 3 of 4 DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does 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. 21-14 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of March, 2021, by the following vote: COUNCILMEMBER AYES: Clark, Lumbard, Cooper, Gallagher, Gomez (5) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: (0) DocuSigned by: -F ERI 7..61YASUDA, City Clerk Resolution 21-14 Page 4 of 4 DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO EXHIBIT A CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT 2019-00001 DESIGN REVIEW 2019-00019 1042 SAN JUAN STREET GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped February 9, 2021, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). (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 Approval of Design Review (DR) 2019-00019 shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of General Plan Amendment (GPA) 2019-00001 and DR 2019- 00019 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 Community Development Director, and evidence of recordation shall be provided to the Community Development Department. 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO (1) 1.6 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) 1.7 As a condition of approval of GPA 2019-00001 and DR 2019-00019 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 (1) 1.8 Approval of DR 2019-00019 is contingent upon City Council approval of GPA 2019-00001. MITIGATION MONITORING AND REPORT PROGRAM (1) 2.1 The project shall comply with the Mitigation Monitoring and Reporting Program (Planning Commission Resolution No. 4420) USE RESTRICTIONS (1) 3.1 The project shall consist of two (2) three (3) -story duplexes with attached two (2) -car garages, one (1) two (2) -story detached residential unit with attached two (2) -car garage, and the preservation of one (1) existing one (1) story single-family dwelling unit which is designated as a historic resource in the City of Tustin and a detached two (2) -car garage. The project also includes 1,900 square feet of common open space and thirty- six percent (36%) overall landscaped area and private open space for each residential unit. (5) 3.2 No residential unit on the project site may be individually sold unless the City approves a Tract Map pursuant to the Subdivision Map Act. (2) 3.3 During construction activities, the property owner shall protect the existing historic resource from physical damage as identified in the mitigation measures in the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) prepared for the project. Plans submitted shall include these measures to be taken to adequately protect the historic resource from physical damage during all construction phases. DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO (3) 3.4 All parking spaces shall be maintained as shown on the approved plans. Any changes to the number, location, or size of parking spaces shall be reviewed and approved by the Community Development Director. (1) 3.5 Unless otherwise agreed by the City in its sole discretion, the property within the development shall not be privately gated. (1) 3.6 No outdoor storage shall be permitted during grading or building stages except as approved by the Community Development Director. (1) 3.7 Individual trash cart service may be provided on the site. Trash carts shall be placed only in the locations identified on an approved "Trash Pick-up Plan" up to twelve (12) hours prior to regularly scheduled trash collection and shall be removed within twelve (12) hours of trash collection. (4) 3.8 The project shall continuously maintain a minimum of three hundred (300) square feet of open space recreation area per dwelling unit within a common designated recreation area and a minimum of one hundred (100) square feet of private open space. Private attached ground level patios may be credited toward the open space requirement if open on three (3) sides. In addition, thirty-five percent (35%) of the project site shall be dedicated to landscape open space. (1) 3.9 All activities shall comply with the City's Noise Ordinance. (1) 3.10 All utility services serving the site shall be installed and maintained underground. (1) 3.11 Design and construction of all on-site and off-site developer required public infrastructure and utility systems shall be constructed prior to issuance of the first Certificate of Occupancy. (1) 3.12 Garages shall be available for the parking of vehicles. Storage of personal items may occur in a garage only to the extent that such storage does not impede vehicle parking nor reduce the number or required minimum size of the required garage space. ARCHITECTURE (4) 4.1 Project materials shall comply with those identified in the approved plans. Color and material samples shall be submitted to the Community Development Department at the time of plan check. Substitutions to the approved materials may occur subject to the approval of the Community Development Director. Enhancements to the architectural detailing may be required at the time of plan check based on the proposed materials. DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO (4) 4.2 All exterior windows and doors shall be articulated with trim complementary to the architectural style of the residence. Window frames and mullions/muntins shall be of a rich color characteristic of the proposed architectural styles to provide contrast. 4.3 Balcony and roof run-off shall be integrated into the building structure and storm drain system. Roof drainage on the duplex structures shall be adequately addressed such that pooling does not occur on or between the roof and balcony drain water shall not drain down the side of balconies and/or building exterior. (4) 4.4 All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. Electrical transformers, if needed, shall be located toward the interior of the project to minimize visual impacts and screened by adequate landscaping or other effective screening devices. (1) 4.5 On-site walls and fences shall be noted on the plans with specific materials, colors, and decorative treatments subject to the review and approval of the Community Development Department. LANDSCAPE/HARDSCAPE (1,6) 5.1 At plan check, complete detailed landscaping and irrigation plans for all landscaping areas are required, consistent with the approved landscape plans, City Council Ordinance 1465, adopted Guidelines for Implementation of Tustin's Water Efficient Landscape Ordinance and TCC Section 9266e. The plans shall include the following: A. Include a summary table identifying plan materials. The plant table shall list botanical and common names, sizes, spacing, location, 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 devices, 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. DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO E. Add a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. F. A combination of planting materials shall be used. On large areas, ground cover alone is not acceptable. G. Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. Other sizes and spacing may be permitted subject to approval of the Community Development Department. H. Ground cover shall be planted eight (8) to twelve (12) inches on center, or as approved by the Community Development Department. Fences, wall, and equipment areas shall be screened with walls, vines, and/or trees. J. 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, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. K. Landscaping at the project entry shall not limit sight distance of vehicles and pedestrians entering and exiting the site. (4) 5.2 Backflow devices and double detector checks shall be painted to match surrounding landscaping when in planters or painted to match the building when located adjacent to a building. Landscaping shall be utilized to screen the devices where possible. (1,6) 5.3 Prior to issuance of a certificate of occupancy, the applicant shall install landscaping and irrigation in accordance with the approved landscape plans. The property owner shall be responsible for maintaining landscaping in accordance with the approved landscape plans. Dead plants shall be replaced by the property owner with the same species type and size identified in the approved landscape plans. (1,6) 5.4 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 methods. PLAN SUBMITTAL DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO (4) 6.1 Applicant and owner are responsible for ensuring that information contained in construction drawings is consistent among architectural, structural, grading, electrical, mechanical, plumbing, fire, utility and public improvement plans as well as other construction drawings. (3) 6.2 Plans and notes submitted for building permits shall reflect and reference 2019 California Codes. (3) 6.3 New construction shall comply with California Green Building, sections 4.106.4.1 to facilitate future installation and use of EV chargers. Electrical Vehicle Supply Equipment (EVSE) shall be installed in accordance with California Electrical Code, Article 625. For each dwelling unit install a listed raceway to accommodate a 208/240 V branch circuit. (3) 6.4 In accordance with the Transportation Noise Analysis prepared by Seavey Acoustics dated October 14, 2020, all units shall be constructed with appropriate sound attenuation to achieve the minimum noise level standards pursuant to the City's Noise standards. (3) 6.5 Plans submitted by applicant shall comply with California Energy Code, section 110. 10, Mandatory Requirements for Solar Ready Buildings. (2) 6.6 Prior to the issuance of building permits, the applicant shall submit a photometric lighting plan showing compliance with the Tustin Security Code, which requires a minimum one foot-candle of light on the private drives and parking surfaces and a minimum of one-quarter foot-candle of light on the walking surfaces. The lighting plan is to be overlaid onto a tree landscape plan. (2) 6.7 Prior to issuance of a building permit, the applicant or responsible party shall submit a fire sprinkler system (service codes PR400-PR465) to the Orange County Fire Authority (OCFA) for review. Approval shall be obtained prior to the issuance of building permits. PUBLIC WORKS DEPARTMENT 7.1 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. 7.2 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP). The Priority WQMP shall identify: the implementation of BMPs, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO 7.3 Prior to submittal of a WQMP, the applicant shall submit a deposit of two - thousand -seven -hundred dollars ($2,700.00) to the Public Works Department for the estimated cost of reviewing the WQMP. 7.4 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Regarding O & M Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification", with the County Clerk -Recorder. This document shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non-structural BMPs as specified in the approved WQMP. 7.5 The applicant shall submit to the Public Works Department 24" x 36" reproducible public improvement plans, as prepared by a California Registered Civil Engineer, for review and approval. Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalk adjacent to the site. 7.6 The applicant shall remove the existing residential driveway apron and design and construct full height curb & gutter, sidewalk, and parkway landscape per the City's Standards. 7.7 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. 7.8 The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing City public water facilities affected by the proposed project. 7.9 Prior to issuance of any permit, the applicant shall provide written release/approval from the East Orange County Water District (EOCWD) for the sewer and water connections. 7.10 In accordance with the plans, a backflow prevention device may be required to protect the public water system from cross connections. 7.11 If a double check detector assembly (DCDA) is required, an easement for public utility access purposes must be dedicated to the City. The easement shall start from the public right-of-way up to the DCDA with a minimum distance of five (5) feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. 7.12 If a building sprinkler system is required by the OCFA, the applicant shall be required to provide a backflow prevention device at his or her expense to prevent cross contamination with the public water system. DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO 7.14 Prior to issuance of a Building Permit, payment of the most current Major Thoroughfare and Bridge Fees (for the Foothill/Eastern Transportation Corridor Agency (TCA)) to the City (through the Public Works Department) shall be required. The fee rate schedule automatically increases on July 1st of each year. 7.15 Construction and Demolition Waste Recycling and Reduction Plan (WRRP) 1. The applicant will be required to submit a fifty -dollars ($50.00) application fee and a cash security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The deposit amount will be collected in accordance with the TCC. 2. 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". ORANGE COUNTY FIRE AUTHORITY 8.1 Landscaping shall be designed and installed so as not to impede OCFA department laddering of the building for stories higher than the first floor. FEES (1) 9.1 Prior to issuance of each building permit, 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 payment and are subject to change. A. Building plan check and permit fees to the Community Development Department based on the most current schedule at the time of permit Issuance. B. Engineering plan check and permit fees to the Public Works Department based on the most current schedule at the time of permit issuance. C. OCFA plan check and inspection fees to the Community Development Department based upon the most current schedule at the time of permit issuance. D. Payment of Major Thoroughfare and Bridge Fees to the Tustin Public Works Department are required at the time a building permit is issued. E. Water and sewer connection fees to the Irvine Ranch Water District. F. New residential construction fees in the amount of three -hundred -fifty DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO dollars ($350.00) per unit plus one -hundred dollars ($100.00) for each bedroom over one (1) in each unit. G. School facilities fee in the amount as required by Tustin Unified School District. (1) 9.2 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.