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HomeMy WebLinkAboutPC RES 4041 RESOLUTION NO. 4041 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 05-028 TO DEVELOP A 1.12-ACRE SITE (ABANDONED RAILROAD RIGHT-OF-WAY) WITH TEN (10) MOBILE HOME PADS LOCATED AT 14092 BROWNING AVENUE AS AN EXPANSION OF AN EXISTING MOBILE HOME PARK The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That New Villa Valencia Mobile Home Estates submitted General Plan Amendment 06-002, Zone Change 06-001, and Conditional Use Permit 05- 028 applications to develop an abandoned railroad right-of-way with ten (10) mobile home pads on a property located at 14092 Browning Avenue (APN 432-361-03). B. That on September 25, 2006, the Planning Commission adopted Resolution No. 4039 recommending that the City Council approve General Plan Amendment 06-002 and Zone Change 06-001; C. That approval of Conditional Use Permit 05-028 is contingent upon City Council's approval of applicant submitted General Plan Amendment 06-002 and Zone Change 06-001, which would designate the property as Mobile Home Park within the City's General Plan and Zoning Map. In addition, the project has been determined to be consistent with the Air Quality Sub- element of Tustin General Plan. D. That pursuant to Section 9227 of the Tustin City Code, establishment or expansion of a mobile home park is conditionally permitted in the Mobile Home Park (MHP) zoning district; E. That a public hearing was duly called, noticed, and held for Conditional Use Permit 05-028 on September 25, 2006, by the Planning Commission; F. That the establishment, maintenance, and operation of the proposed use 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 of such proposed use, 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 of Tustin in that: 1) The proposed use is authorized pursuant to Section 9227 of the Tustin City Code with the approval of a General Plan Amendment 06-002 and Zone Change 06-001; Resolution No. 4041 Page 2 2) The proposed use will not be detrimental to the surrounding properties in that the residential use would be compatible with other adjacent residential uses and within the surrounding vicinity; and, 3) Adequate parkland will be provided in accordance with requirements of Tustin City Code Section 9227. II. The Planning Commission hereby approves Conditional Use Permit 05-028 authorizing development of a 1.12-acre site with ten (10) mobile home pads on the property located at 14092 Browning Avenue, subject to the conditions contained within exhibit A. attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 25th day of September, 2006. ,~w BR FLOY Chairperson a?b~A]?~L ELlZABET A. BINSACK Planning Commission Secretary ,----~-, STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4041 was duly passed and ado~ted at a regular meeting of the Tustin Planning Commission, held on the 25t day of September, 2005. ~<7"~~~~ E IZ BETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4041 CONDITIONAL USE PERMIT 05-028 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped, September 25, 2006, on file with the Community Development Department, as herein modified, or as modified based on recommendations of the project architect and the Redevelopment Agency as required to meet project budget, 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 Tustin City Code. (1) 1.2 The approval of Conditional Use Permit 05-028 is null and void if General Plan Amendment 06-002 and Zone Change 06-001 are not approved by the City Council. (1) 1.3 The project shall comply with applicable State and local codes, rules, and regulations. (1) 1.4 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) 1.5 Approval of Conditional Use Permit 05-028 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) 1.6 As a condition of approval of Conditional Use Permit 05-028, 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, SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEtS (4) DESIGN REVIEW ... EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 4041 Page 2 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. (*) 1.7 All improvements shall comply with the City's Private Street Improvement requirements. (*) 1 .8 The proposed mobile home pads and private park shall be incorporated with the existing mobile home park as one community and maintained and operated by New Villa Valencia Mobile Homes Estates. (*) 1.9 Upon clearing the site for grading and construction, the applicant shall repair or reconstruct the CMU wall along the southerly property line as may be required by the Community Development Department to achieve a coherent color and material for the wall separating the mobile home park from Laurelwood neighborhood. PUBLIC WORKS DEPARTMENT (1) 2.1 The applicant shall provide fire protection access easements and dedicate them to the City. The easements shall be located within unobstructed areas and clear access shall be provided at all times. (1) 2.2 The applicant shall obtain new addresses from the Engineering Division for each developable parcel created. (1) 2.3 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. BUILDING (3) 3.1 At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2004 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. (*) 3.2 Prior to issuance of any grading permits, the developer shall provide written evidence that a County-certified archaeologist has been retained. If buried resources are found during grading within the project area, a qualified archaeologist would need to assess the site significance and perform the appropriate mitigation. The Native American viewpoint shall be considered during this process. This could include testing or data Exhibit A Resolution No. 4041 Page 3 recovery. Native American consultation shall also be initiated during this process. (*) 3.3 Prior to issuance of a any grading permit, the applicant shall provide a Paleontological Resource Management Plan (PRMP) prepared for the site, which details the methods to be used for surveillance of construction grading, assessing finds, and actions to be taken in the event that unique paleontological resources are found. (*) 3.4 Prior to the issuance of any grading permit, the applicant shall provide written evidence to the Community Development Department that a County- certified paleontologist has been retained to conduct salvage excavation of unique paleontological resources if they are found. (*) 3.5 The applicant shall provide a significant landscaping buffer in the form of upright trees 20-30 feet on center along the easterly property line. Prior to issuance of a grading permit, landscaping and irrigation plans in accordance with the City's Landscape and Irrigation Guidelines shall be submitted for review and approval of the Community Development Department. (*) 3.6 Prior to issuance of a grading permit, the applicant shall submit for approval of the Community Development Department landscape/irrigation plans and electrical plans for the street improvements and the private park. In addition, details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures shall be submitted for review and approval. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall-mounted fixtures shall be directed at a gO-degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) foot-candle of light coverage, in accordance with the City's Security Ordinance. (1) 3.7 Prior to issuance of a demolition, precise/rough grading, and/or building permit with valuation of $50,000 or greater, the applicant shall submit for approval by the City of Tustin, Construction & Demolition (C&D) debris collection, disposal, and diversion information on the City-prescribed forms. At least 50 percent of the construction debris shall be diverted from landfill to the recycling plants. A security deposit in the amount of $50 per ton (not to exceed $5,000 per project) for a C&D security deposit will be collected prior to issuance the permit. Prior to final inspection, the applicant shall submit to the City of Tustin documents (Le. receipt from vendor) showing actual weight or volume of each material of C&D diverted to the recycling center. Exhibit A Resolution No. 4041 Page 4 (1) 3.8 Seven (7) sets of final grading plans consistent with the site and landscaping plans as prepared by a registered civil engineer shall be submitted and shall include the following: . Technical details and plans for all utility installations including telephone, gas, water, and electricity. . Three (3) copies of a precise soil report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. . All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. . Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on-site Private Improvement Standards. . Two (2) copies of Hydrology Report. (1) 3.9 The engineer of record shall submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. (1) 3.10 The engineer of record shall submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. (1) 3.11 A surety/cash bond will be required to assure work is completed in accordance with approved plans prior to permit issuance. The engineer's estimated cost of the grading, drainage, and erosion control shall be submitted to the Building Official for determination of the bond amount. (1) 3.12 The applicant shall comply with the following conditions pertaining to the requirement for a Water Quality Management Plan: A. Prior to issuance of any permit, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall identify the structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. B. Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $5,000.00 for the estimated cO,st of review of the WQMP to the Building Division. The actual costs Exhibit A Resolution No. 4041 Page 5 shall be deducted from the deposit, and the applicant shall be responsible for any additional review cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. C. Prior to issuance of any permits, the property owner shall record a Notice of Water Quality Management Plan (WQMP) with the County Clerk Recorder on a form provided by the Community Development Department to inform future property owners of the requirement to implement the approved WQMP. D. The Community Development and Public Works Departments shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. (1) 3.13 Prior to issuance of grading permits, the applicant shall submit a copy of the Notice of Intent (NOI) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System (NPDES) State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Control Board. Evidence that the NOI has been obtained shall be submitted to the Building Official. In addition, the applicant shall include notes on the grading plans indicating that the project will be implemented in compliance with the Statewide Permit for General Construction Activities. ORANGE COUNTY FIRE AUTHORITY (5) 4.1 Prior to the issuance of any building permits, the applicant shall submit a Fire Master Plan obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on site. This plan shall indicate the locations of all existing and proposed fire hydrants on the project and shall indicate the locations of all fire lane signs and or red curbs in the existing park as well as the new proposed addition. The applicant may contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." (5) 4.2 Along with the Fire Master Plan, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. FEES (1) 5.1 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 Exhibit A Resolution No. 4041 Page 6 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. Orange County Fire Authority 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 the Major Thoroughfare and Bridge Fees to the Tustin Pubic Works Department shall be required at the time a building permit is issued. e. Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees shall be required at the time a building permit is issued. f. New development tax in the amount of $100.00 per unit. g. School facilities fee in the amount as required by Tustin Unified School District. h. Other applicable fees such as parkland in-lieu fees. (1) 5.2 Within forty-eight (48) hours of final approval of the 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 that 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. RECOMMENDED MITIGATION MEASURES The following mitigation measures are only recommendations since the City of Tustin is not issuing the building permits for installation of the mobile home units: (*) 6.1 Prior to the issuance of a building permit, the applicant is recommended to submit plans for automatic fire sprinkler system in ten (10) of the additional proposed structures to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 to request a copy of the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems." The system should be operational prior to occupancy. Exhibit A Resolution No. 4041 Page 7 (*) 6.2 Installation of air conditioners or fresh air supply system is recommended for all units to allow for closed windows and mitigating the freeway noise. (*) 6.3 Installation of dual glazed windows is recommended. Use of limited window and door openings on the northwesterly property line along the freeway side to minimize noise exposure is also recommended.