HomeMy WebLinkAboutCC RES 07-32
RESOLUTION NO. 07-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING TENTATIVE TRACT 17080 TO MERGE
TWO EXISTING PARCELS CONTAINING 57 APARTMENT
UNITS INTO ONE 4-ACRE PARCEL FOR DEVELOPMENT
OF A 75 UNIT CONDOMINIUM PROJECT LOCATED AT
14421 TO 14471 RED HILL AVENUE
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 17080 was submitted by
Sun-Cal Red Hill LLC requesting approval to merge two parcels into one 4-
acre parcel for development of a 75-unit condominium complex on properties
located at 14421 to 14471 Red Hill Avenue;
B. That a public hearing was duly called, noticed, and held for said map on
March 13,2007, by the Planning Commission and on March 20, 2007 by the
City Council;
C. That the proposed subdivision is in conformance with the Tustin General
Plan land use designation of High Density Residential (HDR) and Multiple
Family Residential (R-3) zoning district in that these designations provide for
the development of residential condominium units;
D. As conditioned, the map would be in conformance with the State Subdivision
Map Act and Tustin City Code Section 9323 (Subdivision Code);
E. That the Public Works Department has reviewed the tentative map and
determined that it is technically correct;
F. That the site is physically suitable for the proposed density and type of
development;
G. That the design of the subdivision or the types of improvements proposed
are not likely to cause serious public health problems;
H. The proposed subdivision is not located within a 100-year flood plain
according to the Federal Emergency Management Agency map for the area
dated February 18, 2004;
I. That development of the site will require the developer to dedicate in fee
title property to the City of Tustin including a 10-foot side dedication in fee
Resolution No. 07-32
Page 1 of 12
along Red Hill Avenue and 10-foot side dedication in fee along Walnut
Avenue for future roadway widening.
J. The project includes dedication in fee along a portion of Red Hill Avenue
and Walnut Avenue to revise ownership of an existing street with 33 foot
wide highway easement as depicted on Tentative Tract Map 17080.
K. That the Building Official has considered and approved deviations to the
Private Improvement Standard to allow turning radii of less than 25 feet for
private drives accessing private garages;
L. That the parcel map or the proposed improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish
or wildlife in their habitat;
M. That the City Council adopted Resolution No. 07-31 adopting the Final
Mitigated Negative Declaration prepared for the project, in compliance with
Sections 15072 and 15105 of the State CEQA Guidelines;
II. The City Council hereby approves Tentative Tract Map 17080 to merge two existing
parcels into one 4-acre parcel for development of a 75-unit condominium project
located at 14421 to 14471 Red Hill Avenue, 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 20th day of March, 2007.
-#j~
LOU BONE,
MAYOR
~
PAMELA STOKER
CITY CLERK
Resolution No. 07-32
Page 2 of 12
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. 07-32 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 20th day
of March, 2007, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
cOUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
~JYl~
PAMELA STOKER,
City Clerk
Bone. Amante. Davert. Kawashima. Palmer (5)
None CO)
None (0)
None (0)
Resolution No. 07-32
Page 3 of 12
EXHIBIT A
RESOLUTION NO. 07-32
TENTATIVE TRACT MAP 17080
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted
improvement plans on file, and the Tentative Tract Map 17080, dated March
20, 2007, 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.
(1) 1.2 Approval of Tentative Tract Map 17080 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.
(1) 1.3 As a condition of approval of Tentative Tract Map 17080, 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) 1.4 Within twenty-four (24) months from tentative map approval, the subdivider
shall record with 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.
Resolution No. 07-32
Page 4 of 12
SOURCE CODES
(1 ) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
*** EXCEPTION
(5)
(6)
(7)
RESPONSIBLE AGENCY REQUIREMENT
LANDSCAPING GUIDELINES
PC/CC POLICY
(1) 1.5 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.
(1) 1.6 Prior to final map approval by the City Council, the subdivider shall execute
a hold-harmless agreement and provide a Certificate of Insurance pursuant
to Section 9325 of the Tustin City Code.
(1) 1.7 Prior to final map approval, the subdivider shall submit:
A. A current title report; and,
B. 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.
(*) 1.8 Prior to recordation of the final map, the existing SCE easement shall be
quitclaimed to the subdivider.
PUBLIC WORKS DEPARTMENT
(1) 2.1
(1) 2.2
(1) 2.3
Dedication in Fee Title of 10 feet additional street right-of-way along Red
Hill Avenue and Walnut Avenue plus the appropriate corner cut-off shall be
required for future street widening.
Dedication in fee along a portion of Red Hill Avenue and Walnut Avenue to
revise ownership of an existing street with 33 foot wide highway easement
as depicted on Tentative Tract Map 17080.
A statement shall be placed on the Final Map indicating that at the time
Red Hill Avenue and/or Walnut Avenue is widened, a 10 foot temporary
construction easement shall be granted to the City of Tustin beyond the
public right-of-way to accommodate construction. Any damage to the
existing improvements within the construction easement caused solely by
the City's construction shall be restored to its original condition at the City's
expense. Such temporary construction easement shall be granted at no
cost to the City. The right of entry (temporary construction easement) shall
Resolution No. 07-32
Page 5 of 12
(1) 2.4
(1) 2.5
(1) 2.6
(1) 2.7
(1) 2.8
(1) 2.9
terminate on the date that the notice of completion is recorded at the
orange County Recorder's office.
Prior to issuance of building permit or approval of final map, whichever
occurs first, the applicant shall be required to enter into a Landscape
Maintenance Agreement with the City of Tustin for parkway improvements
with public right-of-way along Red Hill Avenue and Walnut Avenue. The
applicant shall submit the Landscape Maintenance Agreement to the Public
Works Department for review and approval.
The subdivider shall satisfy grant in fee, 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.
Subdivider's execution of a subdivision and monumentation agreement and
furnishing the improvement and monumentation bonds as required by the
City Engineer prior to recordation of the final map.
Preparation and recordation of a final subdivision map shall be required.
Prior to approval of Final Map or issuance of any Building Permit, whichever
occurs first, the applicant shall obtain a new address from the Engineering
Division.
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 to 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 (Le., produced using AutoCAD or AutoCAD
compatible CADD software). The most current version of AutoCAD is
Release 2004. Drawings created in AutoCAD Release 2004 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 the "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.
Resolution No. 07-32
Page 6 of 12
COVENANTS. CONDITIONS. AND RESTRICTIONS (CC&Rs)
(1) 3.1 All organizational documents for the project including any covenants,
conditions, and restrictions (CC&Rs) shall be submitted to and approved by
the Community Development Department and the City Attorney's Office.
Costs for such review shall be borne by the subdivider. The approved
CC&Rs shall be recorded with County Recorder's Office at the same time as
recordation of the final map. A copy of the final documents shall be
submitted to the Community Development Department after recordation.
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, slope maintenance/landscaping, private streets, and utilities. No
dwelling unit shall be sold unless all approved and required open space,
amenities, landscaping, or other improvements, or approved phases thereof,
have been completed or completion is assured by a development agreement
or financing guarantee method approved by the City. The CC&Rs shall
include, but not be limited to, the following provisions:
A. 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.
B. The requirement that association bylaws be established.
C. Provisions for effective establishment, operation, management, use,
repair, and maintenance of all common areas and facilities including
recreational buildings and amenities, landscaped areas and lots,
walls and fences, private roadways (Le., walks, sidewalks, trails),
parkland facilities and bikeways, and open space areas.
D. Membership in the homeowners association shall be inseparable
from ownership in individual units.
E. 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.
F. Maintenance standards shall be provided for applicable items listed
in Section C above in CC&Rs. Examples of maintenance standards
are shown below.
Resolution No. 07-32
Page 7 of 12
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, 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.
G. 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.
H. Private open space 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.
I. The approved site plan showing the dedication areas and provisions
for maintenance of these areas by the Homeowners Association.
J The approved "Site/Parking Plan Exhibit" and "Waste Management
Plan 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:
Resolution No. 07-32
Page 8 of 12
1. All units are required to maintain a two-car garage.
2. A minimum of 27 unassigned guest parking spaces shall be
permanently maintained in locations shown on the
"Site/Parking Exhibit."
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.
4. Residents shall park vehicles in garage spaces. Storage of
personal items may occur in the garages only to the extent
that 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.
K. Provisions for enforcing the "Waste Management Plan" to minimize
backing into private streets. Residents are required to store their
trash and recycling carts within the area designated within the
garage. Prior to collection day, the residents need to move the carts
to an area immediately outside their garage, where a Homeowner
Association Employee will be in charge of relocating them to the
designated parking stalls that are marked and designated
accordingly. The carts shall be placed in the common drives no
earlier than noon on the day before scheduled collections and
removed within twelve (12) hours of collection.
L. Maintenance of lettered and numbered Lots A and B containing
dedication areas, common areas, streets, alleys, paseos, etc., shall
be by the homeowners association.
M. Television and radio antennas shall be installed in accordance with
the requirements of the Tustin City Code.
Resolution No. 07-32
Page 9 of 12
N. All utility services serving the site with the exception of the 66 KV
power lines shall be installed and maintained underground.
o. 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.
Q. 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.
R. No delivery and or moving trucks larger than 40 feet shall be
permitted on the private drives of the condominium projects with less
than 25 foot radius turns.
s. Balconies along Walnut Avenue shall be provided with a solid stucco
barrier. The balconies shall be used for open space. Storage of any
item visible from the public right-of-way with the exception of live
potted plants is prohibited.
T. Access to and from the site to Red Hill Avenue should be available
with completion of the project. The left turn egress from the project
site may be prohibited in the future if determined necessary by the
City's Traffic Engineer.
HOMEBUYER NOTIFICATION
(1 )
4.1
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
Resolution No. 07-32
Page 10 of 12
shall be provided to the Community Development Department prior to final
inspection and/or issuance of each Certificate of Occupancy.
A. A notice for roadway noise from Red Hill Avenue and Walnut
Avenue that may impact the subdivision.
B. A notice, to be reviewed by the City of Tustin and the Tustin Unified
School District, regarding the location of existing and proposed
elementary, middle, and high schools which will serve the
subdivision (text and map).
C. 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.
D. 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.
E. A notice explaining the easements, facilities, amenities, and
dedications that will be provided on lettered lots and indicating all on-
site streets, alleys, paseos, and common areas are to be maintained
by the homeowners association.
F. A notice, to be approved by the City Attorney, indicating that neither
the site, nor the project nor any part thereof any street or sidewalk,
alleyway, or paseo thereon shall be privately gated, provided
however that any swimming pool and/or spa facility within the
common area and any indoor common area improvements, including
any clubhouse and bathrooms, may be gated or locked and made
available solely to residents of the project and their guests.
G. A notice stating trash bins shall be placed in designated areas as
shown on the approved "Waste Management Exhibit" no earlier than
noon on the day before scheduled collections and removed within
twelve (12) hours of collection.
H. A notice indicating that surrounding properties may be developed in
accordance with City ordinances in a manner which may partially or
totally obstruct views from the owner's unit and that the City of Tustin
makes no claim, warranty, or guarantee that views from any unit will
be preserved as development of surrounding properties occurs.
I. A notice explaining and providing a copy of a "Private Open Space
Exhibit" and separate 8~ inch by 11 inch dimensioned site plan for
Resolution No. 07-32
Page 11 of 12
each unit that is allocated private open space within the common
area.
J. A notice explaining and providing a copy of the approved
"Site/Parking Exhibit" and related CC&R provisions.
K. A notice explaining the phasing of construction within the subdivision
and that activity may be disruptive.
L. The developer shall notify all homebuyers that future
Assessment/Maintenance Districts may affect the property.
M. Access to and from the site to Red Hill Avenue should be available
with completion of the project. The left turn egress from the project
site may be prohibited in the future if determined necessary by the
City's Traffic Engineer.
N. A notice stating that on-street parking currently available along Red
Hill Avenue and Walnut Avenue would be restricted in the near
future and upon construction of the project.
o. A notice about the location and upgrade of units that are required to
be constructed with sound attenuation per submitted acoustical
report.
FEES
(1) 5.1 Prior to issuance of the first building permit, the subdivider shall submit in-
lieu parkland dedication fees in an amount and form as required by the
Director of the Parks and Recreation Department.
(1) 5.2 The applicant shall submit all fees required by the City and other agencies
as identified in Resolution No. 4054.
(1) 5.3 The applicant shall reimburse the City of Tustin for the actual cost incurred
to the City by the City Attorney for review of the CC&Rs and homebuyer
notification per City Council Resolution 06-85.
Resolution No. 07-32
Page 12 of 12