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HomeMy WebLinkAbout03 TENTATIVE PARCEL 01-16-01AGENDA II I NO. 03 ....... 01-16-01 MEETING DATE' JANUARY 16,200z TO- WILLIAM HUSTON, CITY MANAGER FROM' COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: TENTATIVE PARCEL MAP 2000-219 I I I SUMMARY: TENTATIVE PARCEL MAP 2000-219 IS A REQUEST TO COMBINE THREE PARCELS AT 12569 NEWPORT AVENUE INTO TWO PARCELS FOR THE PURPOSE OF' DEVELOPING .'RNO MEDICAL/GENERAL OFFICE BUILDINGS PREVIOUSLY APPROVED UNDER DESIGN REVIEW 98-036. ON JANUARY 8, 2001, THE PLANNING COMMISSION RECOMMENDED THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP 2000-219 WITH CONDITIONS TO ENSURE COMPLIANCE WITH THE SUBDIVISION MAP ACT. (OWNERS/APPLICANTS' DR. STEVEN SHEPHERD AND STEVE MCKINLAY) RECOMMENDATION: That the City Council adopt Resolution No. 01-03 approving Tentative Parcel Map 2000- 219. FISCAL IMPACT: The Tentative Parcel Map is an applicant initiated project. applicable fees for the processing of this map. The applicants have paid ENVIRONMENTAL: Tentative Parcel Map 2000-219 is Categorically Exempt (Class' 15, Section 15315) from the .provisions of the California Environmental Quality Act. DISCUSSION' The applicants are proposing to combine three parcels into two parcels for the purpose of developing a 4,773 square foot general office building and a 2,726 square foot medical building at 12569 Newport Avenue (Attachment A- Location Map). On January 8, 2001, the Planning Commission adopted Resolution No. 3765 (Attachment B) recommending that the City Council approve Tentative Parcel Map 2000~219 and approved modifications to the approved Design Review by adopting Resolution No. 3766. City Council Report Tentative Parcel Map 2000-219 January 16, 2001 Page 2 The project site consists of three vacant parcels. On September 27, 1999 and November 1, 1999 the Planning Commission and City Council, respectively, approved Design Review 98-036 and Zone Change 98-006. A condition of approval required that the applicant consolidate the three parcels into one parcel prior to issuance of building permits. Following P_,ity Council approval and inconsistent With the conditions of approval, the lots were sold to two (2) different parties. To accommodate the two property owners, the Planning Commission approved the combination of the three existing lots into two lots rather than one lot and modified the approved site plan to allow access to be located in the center of the new property line. The existing project site consists of three (3) lots totaling 30,636 square feet. The proposed parcel map would create two (2) lots divided along the existing lot line between the southern most lot and the middle lot (Attachment C - Tentative Parcel Map). The following table illustrates the existing and proposed parcel sizes and the area dedicated to meet ADA requirementS: Existing Square Footage Acres Parcel 1 6,225 .143 Parcel 2 6,274 .144 Parcel 3 18,137 .416 Total Site 30,636 .703 Proposed Square Footage Acres Parcel 1 12,398 (505 sq. ft. dedication).285 Parcel 2 18,238 (597 sq. ft. dedication).418 Total Site 30,636 (1,102 sq. ft. dedication) .703 Condition 1.6 is included in Exhibit A of Planning Commission Resolution No. 3765 to require a reciprocal parking, circulation and access agreement to ensure the two lots operate as One project site (Attachment B - Planning Commission Resolution No. 3765). The tentative parcel map is in compliance with the State and City requirements. Condition 2.5 of Exhibit A in Planning Commission Resolution No. 3765 is included to require dedication of property to the City of Tustin to provide required drive apron and sidewalk City Council Report Tentative Parcel Map 2000-219 January 16, 2001 Page 3 improvements to comply with American with Disabilities Act requirements. The areas of dedication are included on the tentative parcel map. Condition 2.2 of Planning Commission Resolution No. 3765 would require compliance with the Design Review applications approved, by the Planning Commission. Lo(HA. Ludi L,,' Associate Planner Elizabeth A. Binsack Community Development Director Attachments' A- Location Map B - Resolution No. $765 C - Tentative Parcel Map 2000-21'9 D- Resolution No. 01-03 CC reports\tpm2000-219ccreport.d oc ATTACHMENT A Location Map .--Y,tl I II LUL .... \ i"lOiX~' tvimF fl" 14252 12~.21 J$ AV. DR. ~ EUNICF_.. p 1 127 41 NO SCALE ATTACHMENT B Resolution No. 3765 ]4 !6 ]7 2O 23 24 26 2S 29 RESOLUTION NO. 3765 A RESOLUTION OF THE PLANNING COMMISSION OF. THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP 2000-219 TO COMBINE THE THREE EXISTING LOTS TOTALING 30,636 SQUARE FEET LOCATED AT 12569 NEWPORT AVENUE INTO TWO LOTS FOP, THE PURPOSE OF DEVELOPING TWO MEDICAL/GENERAL OFFICE BUILDINGS. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows' That Tentative Parcel Map 2000-219 to combine three existing lots totaling'30,636 square feet located 12569 Newport Avenue into two lots of 12,398 square feet and 18,238 square feet for the purpose of developing two medical/general office buildings was submitted by Dr. Steve Shepherd and Steve McKinlay for consideration; B. That on September 27, 1999, the Planning Commission recommended that the City Council approve Design Review 98-036 to construct two medical/general office buildings at the property located at 12569 Newport Avenue; C. That Design Review 98-036 was approved by the City Council on November 1, 1999 authorizing the construction of two medical/general office buildings with the condition that a tentative and final parcel map combining the three existing lots into one lot be approved and recorded. Following City Council approval and inconsistent with Resolution No. 99- 95, the applicant sold the lots to two different parties. Tentative Parcel Map 2000-219 is proposed to combine three lots into two lots to reflect two property owners. D. That a public hearing was duly called, noticed and held for Tentative Parcel Map 2000-219 on January 8, 2001 by the Planning Commission; E. F, e. That the proposed subdivision involves the combination of less than four (4) parcels and is Categorically Exempt pursuant to Section 15315 (Class 15) of the California Environmental Quality Act (CEQA); That the proposed subdiVision is in conformance with the Tustin Area General Plan, Tustin Zoning Code, State Subdivision Map Act and the. City's Subdivision Code; That the site is physically suitable for the type of development proposed; 24 25 2(., Planning Commission Resolution :3765 ' TPM 2000-219 " January 8. 2001 Page 2 · Ho That the site is physically suitable for me proposed density of development; '. : That the design of the subdivision or the proposed Improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or ~ildlife tn their habit~t; J. That the design of the s~ubdivision or the type of improvements proposed will not. conflict with easements acquired by the pul~lic, for access through or use of the I~rpperty witi~in the proposed subdivision' ,, K. That the project has been reviewed for compliance with the Americans with Disabilities Act of 1990, and it has been determined that dedications of fight.of-way to accommodate a four (4) foot wide sidewalk behind the drive aprons are necess!ary for compliance with the requirements of ADA. Aisc,. the existing five (5) foot wide sidewalk ~ong ~l~e frontage, of the development will re.quire removal and construction of an eight (8) foot wide sidewalk. This construction will require dedication of three (3) feet ~f additional dgh, t-of-way along the entire Newport Avenue frontage to meet current City standards and ADA requirements; and, · L. That the design of tl~e subdivision or the types of improvements proposed are not likely t° cause serious public health probiems. , Ii. The Planning Commission I~ereby recommends that the City Council approve Tentative Parcel Map 2000-219 to combine three existing lots totaling 30,635 square feet located at 12569 Newport Avenue into two lots of 12,398 square feet and 18,238 square feet for the purpose of devel(~ping two medical/general office buildings, subject t~ the cDnditions contained in Exhibit A attached hereto, , PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 8u' day of January, 2001. , ' ELIZABE'~H A. E~INSACK Planning Commission Secretary .~T~~ V. Ko;~AK Chairperson ]0 ]4 2O 2] 22 23 24 25 2.6 2? 28 29 Planning Commission Resolution 3765 TPM 2000-219 January 8, 2001 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that l am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3765 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of January, 2001. ZABE-TH A. BINs~,TC, K Planning Commission Secretary GENERAL (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 1.5 1.6 EXHIBITA TENTATIVE PARCEL MAP 2000-219 RESOLUTION NO. 3765 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped January 8, 2001 on file with the Community Development Department, as herein modified, or unless otherwise indicated, as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or. other applicable regulations. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to recordation of the final map for the project, subject to review and approval of the Community Development Department. The. subject approval shall become null and void unless a final map is submitted for review and approval within twenty-four (24) 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. Approval of Tentative Parcel Map 2000-219 is contingent upon the applicant and property owners signing and returning a notarized "Agreement to 'Conditions Imposed" form as established by the Community Development Department. The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. A draft reciprocal parking, access and circulation agreement shall be submitted to the Community Development Department for review and approval prior to recordation. SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS(I) (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Planning Commission Resolution 3765 January 8, 2001 Page 2 (5) The applicant shall submit a hold harmless letter identifying the risk of proceeding with the issuance of permits prior to recordation of a final map. (***) 1.8 Within fifteen (15) days of the approval, an applicant shall submit a complete conditional use permit application to establish a temporary office use. MAP SUBMITTAL (1) 2.1 Final Parcel Map 2000-219 shall be reviewed and approved by the City Council and recorded with the County of Orange within ninety (90) days of this approval and prior to occupancy of the first building. (1) 2.2 The applicants shall comply with all Conditions of Approval identified in City Council Resolution 99-95 and Planning Commission Resoluti°n No. 3766. (1) 2.3 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act and the City's Subdivision Ordinance. (1) 2.4 As required by the Subdivision Map Act, the subdivider shall execute a Subdivision and Monumentation Agreement and furnish the Improvement/Monumentation Bonds as required by the City Engineer prior to recordation of the Final Map. (3) 2.5 At the time of construction of the project, current Federal Americans with Disabilities Act (ADA) requirements will need to be met at the drive aprons. This will require construction of a minimum four (4) foot wide sidewalk behind the drive apron. The maximum cross slope of the sidewalk shall be two (2) percent and the maximum ramp slope of the drive apron shall be ten (10) percent. This may require dedication of additional right-of-way to accommodate the sidewalk construction. Also, the existing five (5) foot wide sidewalk along the frontage of this development will require the removal and construction of an eight (8) foot wide sidewalk. This construction will require dedication of three (3) feet of additional right-of-way along the entire Newport Avenue frontage to meet current City standards and ADA requirements. Prior to recordation of the map, a legal descriptiOn and sketch of the dedication area, as prepared by a CA Registered Civil Engineer and/or CA Licensed Land Surveyor, shall be submitted to the Engineering Division for review and approval. Exhibit A Planning Commission Resolution 3765 January 8, 2001 Page 3 (1) 2.6 CC&Rs (1) 3.1 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. Prior to approval of the final map, all organizational documents for the establishment of a maintenance association of the two properties including any deed restrictions, covenants, conditions, and restrictions shall be submitted to and approved by the Community Development Department and the City Attorney prior to recordation of the final map. The applicant shall be responsible for costs associated with the review of these documents. A' copy of the final documents shall be submitted to the Community Development Department 'within five (5) days after their recordation. CC&Rs shall include, but not be limited to, the following' 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, "Association" bylaws shall be established. Co Provisions for effective establishment, operation, management, use, repair and maintenance of all building and site improvement including landscaped areas, walls and fences, private roadways (i.e., walks, sidewalks, trails) and trash enclosures for the two proposed parcels shall be included. Do Membership in the "Association" shall be inseparable from ownership in individual lots.' E, Maintenance standards shall be provided for applicable items listed in. Section C above in CC&Rs. Maintenance standards shall include, but not limited to, the following: o All building and site improvements contained within the two proposed parcels, including but not limited to, landscaping and private areas visible from any public way shall be properly maintained such that they are evenly Exhibit A Planning Commission Resolution 3765 January 8, 2001 Page 4 cut, evenly edged, free of bare or brown spots, debris and weeds. All trees and shrubs shall be trimmed so they do not impede pedestrian traffic along the walkways. 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. . All private driveways and sidewalks 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. . All buildings and site improvements contained within the two proposed parcels 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, or that such a condition of deterioration or disrepair causes harm or is materially detrimental to property values or improvements. Fo Parking spaces, driveways, sidewalks and other access to the site and buildings shall not be permanently or irrevocably assigned to any individual unit, tenant or building. The reciprocal parking, access and circulation agreement required by Condition 1.6 of this Resolution shall be described and included within the CC&Rs. G, All utility services serving maintained underground. the site shall be installed and H. The "Association" shall be required t° file the name, address, and telephone number of at least one member of the Association Board and the project manager before January 1~t of each year with the Community Development Department for the purpose of contacting the Association. i. The "Association" shall inform and disclose all new members of Exhibit A Planning Commission Resolution 3765 January 8, 2001 Page 5 ' the association upon purchase or a lease agreement on limitation of use of the shared access driveway and parking spaces. J,, For the purposes of sign installation, the two properties would be entitled to one (1) monument sign per street frontage consistent with the Tustin Sign Code. K, Future expansions of any of the buildings would be subject to approval of a design review application by the Community Development Department and the applicable prevailing codes and regulations. L,, No .amendment to alter, modify, terminate or change the Association's obligation to maintain the buildings and site improvements contained within the two proposed parcels and the project perimeter wall or other CC&R provisions in which the City has an interest, as noted'above, or to later, modify, terminate or change the City's right to enforce maintenance of the buildings and site improvements within the two properties and the project perimeter wall and improvements, shall be effective without prior written approval of the Community Development Department. ORANGE COUNTY FIRE AUTHORITY (5) 4.1 Prior to recordation of Final Parcel Map 2000-219, the applicant shall obtain all necessary approvals from the Orange County Fire Authority. FEES (1) 5.1 The applicant shall submit to the City of Tustin a CC&R review fee 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 $150 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. (1) 5:2 Within forty-eight (48) hours of approval of the subject project by the City Council, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $43.00 (forty-three dollars) to enable the City to file the appropriate environmental documentation for the project. If'within such Exhibit A Planning Commission Resolution 3765 January 8, 2001 Page 6 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. ATTACHMENT C Tentative Parcel Map 2000-219 TENTATIVE PARCEL MAP NO. 2000-219 IN THE crI'Y OF TUS~, COUNTY OF OP, ANGE, STATI~ OF CAIJFORN1A i .,~T. L,,x t~_...~, MM 1/:.7 ~ ~ ~J "' t0 C]:' TRA,.'"T .,,in 174,3 ~48'T~,, '40'w 80. 0'~' /'/~ ~ / 50. OO' ~RO~. 47.00' . -.. PARCEL 1 : ~ r ' ', . 0'270ACKES '~ ~ I 1 t,,'40'08'45'£ __.~--"T,q ~-. ~'25'w ~.~?' --.....~ ~#~e'5~'~'w ~.oo' ---~J~--'-~-- I< --~ ...... ~, -,( J '~ STREET R/w To e~ oa2~CAr~O, / Il I PARCEL 2~' ' LA COLJNA ATTACHMENT D Resolution No. 01-03 ]0 ]4 ]? 20 21 22 23 24 2.5 26 2? 28 RESOLUTION NO. 01-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE PARCEL MAP 2000-219 TO COMBINE THE THREE EXISTING LOTS TOTALING 30,636 SQUARE FEET LOCATED AT 12569 NEWPORT AVENUE INTO TWO LOTS OF 12,398 AND 18,238 SQUARE FEET FOR THE PURPOSE OF DEVELOPING TWO MEDICAL/GENERAL OFFICE BUILDINGS. The City Council of the City of Tustin does hereby resolve as follows' The City Council finds and determines as follows: Ao That Tentative Parcel Map 2000-219 to combine three existing lots totaling 30,636 square feet located 12569 Newport Avenue into two lots of 12,398 square feet and 18,238 square feet for the purpose of developing two medical/general office buildings was submitted by Dr. Steve Shepherd and Steve McKinlay for consideration; Bo That Design Review 98-036 was recommended for approval by the Planning Commission on September 27, 1999 and approved by the City Council on November 1, 1999 authorizing the construction of two medical/general office buildings at 12569 'Newport Avenue with the condition that a tentative and final parCel map combining the three existing lots into one lot be approved and recorded. Following City Council approval and inconsistent with Resolution No. 99-95, the applicant sold the lots to two different parties. Tentative Parcel Map 2000-219 is proposed to combine three lots into two lots to reflect two property owners. C,, That on January 8, 2001 the Planning Commission approved modifications to Design Review 98-036 and recommended that the City Council approve Tentative Parcel Map 2000-219; D, That a public hearing was duly called, noticed and held for said map on January 16, 2001 by the City Council; E, That the proposed subdivision involves the combination of 'less than four (4) parcels and is Categorically Exempt pursuant to Section 15315 (Class 15) of the California Environmental Quality Act (CEQA); F, That the proposed subdivision is in conformance with the Tustin Area General Plan, Tustin Zoning Code, State Subdivision Map Act and the City's Subdivision Code; O,, That the site is physically suitable for the type of development proposed; ]0 14 l? 20 2! 22 24 25 26 2? 28 City Council Resolution 01-03 January 16, 2001 Page 2 H. That the site is physically suitable for the proposed density of development; That the design of the subdivision 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 the design of the subdivision or the type of improvements proposed will not conflict with easements acquired by the public, for access through or use of the property within the proposed subdivision; K, That the project has been reviewed for compliance with the Americans with Disabilities Act of 1990, and it has been determined that dedications of right-of-way to accommodate a four (4) foot wide sidewalk behind the drive aprons are necessary for compliance with the requirements of ADA. Also, the existing five (5) foot wide sidewalk along the frontage of the development will require removal and construction of an eight (8) foot wide sidewalk. This construction will require dedication of three (3) feet of additional right-of-way along the entire Newport Avenue frontage to meet current City standards and ADA requirements; and, L, That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. II. The City Council hereby approves Tentative Parcel Map 2000-219 to combine three existing lots totaling 30,636 square feet located at 12569 Newport Avenue into two lots of 12,398 square feet and 18,238 square feet for the purpose of developing two medical/general office buildings, subject to the conditions contained in Planning Commission Resolution No. 3765 attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 16th day of January, 2001. PAMELA STOKER CITY CLERK TRACY WILLS WORLEY MAYOR EXHIBIT A OF CITY COUNCIL RESOLUTION NO. 01-03 10 2O 24 2'7 RESOLUTION NO. 3765 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY' COUNCIL APPROVE TENTATIVE PARCEL MAP 2000-219 TO COMBINE THE THREE EXISTING LOTS TOTALING 30,636 SQUARE FEET LOCATED AT 12569 NEWPORT AVENUE INTO TWO LOTS FOR THE PURPOSE OF DEVELOPING TWO MEDICAL/GENERAL OFFICE BUILDINGS. The Planning Commission of the City of Tustin does hereby resolve as follows' The Planning Commission finds and determines as follows: k. That Tentative Parcel Map 2000-219 to combine three existing lots totaling 30,636 square feet located 12569 Newport Avenue into two lots of 12,398 square feet and' 18,238 square feet for the purpose of developing two medical/general office buildings was submitted by Dr. Steve Shepherd and Steve McKinlay for consideration; Bo That on September 27, 1999, the Planning Commission recommended that the City Council approve Design Review 98-036 to construct two medical/general office buildings at the property located at 12569 Newport Avenue; C~ That Design Review 98-036 was approved by the City Council on November 1, 1999 authorizing the construction of two medical/general office buildings with the condition that a tentative and final parcel map combining the three existing lots into one lot be approved and recorded. Following City Council approval and inconsistent with Resolution No. 99- 95, the applicant sold the lots to two different parties. Tentative Parcel Map 2000-219 is proposed to combine three lots into two lots to reflect two property owners. Do That a public hearing was duly called, noticed and held for Tentative Parcel Map 2000-219 on January 8, 2001 by the Planning Commission; Bo That the proposed subdivision involves the combination of less than four (4) parcels and is Categorically Exempt pursuant to Section 15315 (Class 15) of the California Environmental Quality Act (CEQA); F, That the proposed subdivision is in conformance with the Tustin Area General Plan, Tustin Zoning Code, State Subdivision Map Act and the City's Subdivision Code; Go That the site is physically suitable for the type. of development proposed; Planning Commission Resolution 3765 ' TP.M 2000-219 " January 8. 2001 " Page 2 ' Ho Th~,t tl~e site is physically suitable for tl~e proposed clensity of , development; ~ That the design of the subdivision or the proposed ~mprovements are not likoly to cause substantial envlronmontai d~mage or substantially and svoidabty injure fish or ~ildlife In their habitst; I1. U. K. Lo That the design of the Cubdivision or the type of improvements proposed will not conflict with easements acquired by the public, for access through or use of the property within the proposed subdivision' ,, That the project has been reviewed for compliance with the Americans with DisaOilities .Act of 1990, and it has been determined that dedications of right-of-way to accommodat, e a four (4) foot wide sidewalk behind the drive aprons are neces$!ary for compliance with the requirements of ADA. Aisc,. the existing five (5) foot wide sictewalk ~iong l:t~e frontage, of the development will require removal and construction of an eight (8) foot wide sidewalk. This construction will require dedication of three (3) feet of additional rignt-of-wa:y along the entire Newport Avenue frontage to meet current City s~andards and ADA requirements' and, · That the clcs~n of tl~e subdivision or the types of improvements proposed are not likely t° cause serious public health problems. The Planning Commission hereby recommends that the City Council approve Tentative Parcel Map 2000-2.19 to combine three existing lots totaling $0,636 square feet'located at 12569 N~tport Avenue into tw~ lots ,f 12.398 square feet and 18,238 square feet for the purpose of developing two medical/general office buildings, subject t~ the c:~nditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 8~' day of Jehu,fy, 2001. . ELIZABETH A. BIN$~CK ~. Planning Commission Secretary ; ,~TF~F~~ V. KOZAK · . Chairperson ]0 ]4 2O 2] 2.3 24 25 26 29 Planning Commission Resolution 3765 TPM 2000-219 January 8, 2001 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN .) i, ELIZABETH A. BINSACK, the undersigned, hereby certify that l am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3765 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of January, 2001. zABETH Al B~NS~K Planning Commission Secretary GENERAL (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 (1) 1.5 1.6 EXHIBITA TENTATIVE PARCEL MAP 2000-219 RESOLUTION NO. 3765 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped January 8, 2001 on file with the Community Development Department, as herein modified, or unless otherwise indicated, as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to'plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to recordation of the final map for the project, subject to review and approval of the Community Development Department. The subject approval shall become null and void unless a final map is submitted for review and approval within twenty-four (24) 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. Approval of Tentative Parcel Map 2000-219 is contingent upon the applicant and property owners signing and returning a notarized "Agreement to Conditions Imposed" form as established by the Community Development Department. The applicant shall hold harmless and defend the City of Tustin from all · claims and liabilities arising out of a challenge of the City's approval of this project. A draft reciprocal parking, access and circulation agreement shall be submitted to the Community Development Department for review and approval prior to recordation. SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS(I) (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Planning Commission Resolution 3765 January 8, 2001 Page 2 (5) The applicant shall submit a hold harmleSs letter identifying the risk of proceeding with the issuance of permits prior to recordation of a final map. (***) 1.8 Within fifteen (15) daYs of the approval, an applicant shall submit a. complete conditional use permit application to establish a temporary office use. MAP SUBMITTAL (1) 2.1 Final parcel Map 2000-219 shall be reviewed and approved by the City Council and recorded with the County of Orange within ninety (90) days of this approval and prior to occupancy of the first building. (1) 2.2 The applicants shall comply with all Conditions of Approval identified in City Council Resolution 99-9.5 and Planning Commission Resolution No. 3766. (1) 2.3 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act and the City's Subdivision Ordinance. 2.4 As required by the Subdivision Map Act, the subdivider shall execute a Subdivision and Monumentation Agreement and furnish the Improvement/Monumentation Bonds as required by the City Engineer prior to recordation of the Final Map. (3) 2.5 At the time' of construction of the project, current Federal Americans with Disabilities.Act (ADA) requirements will need to be met at the drive aprons. This will require construction of a minimum four (4) foot wide sidewalk behind the drive apron. The maximum cross slope of the sidewalk shall be two (2) percent and the maximum ramp slope of the drive apron shall be ten (10) percent. This may require dedication of additional right-of-way to accommodate the sidewalk construction. Also, the existing five (5) foot wide sidewalk along the frontage of this development will require the removal and construction of an eight (8) foot wide sidewalk. This construction will require dedication of three (3) feet of additional right-of-way along the entire Newport Avenue frontage to meet current City standards and ADA requirements. Prior to recordation of the map, a legal description and sketch of the dedication area, as prepared, by a CA Registered Civil Engineer and/or CA Licensed Land Surveyor, shall be submitted to the Engineering Division for review and approval. Exhibit A Planning Commission Resolution 3765 January 8, 2001 Page 3 (1) 2.6 CC&Rs (1) 3.1 This development shall comply with ali applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State and Regional Water Quality Control Board rules and regulations. Prior to approval of the final map, all organizational documents for the establishment of a maintenance association of the two properties including any deed restrictions, covenants, conditions, and restrictions shall be submitted to and approved by the Community Development Department and the City Attorney prior to recordation of the final map. The applicant shall be responsible for costs associated with the review of these documents. A copy of the final documents shall be submitted to the Community Development Department within five (5) days after their recordation. 'CC&Rs shall include, but not be limited to, the following: 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. Be "Association" bylaws shall be established. Co · Provisions for effective establishment, operation, management, use, repair and maintenance of ali building and site improvement including landscaped areas, walls and fences, private roadways (i.e., walks, sidewalks, trails) and trash enclosures for the two proposed parcels shall be included. D,, Membership in the "Association" shall be inseparable from ownership in individual lots. El Maintenance standards shall be provided for applicable items listed in Section C above in CC&Rs. Maintenance standards shall include, but not limited to, the following' o All building and site improvements contained within the two proposed parcels, including but not limited to, landscaping and private areas visible from any public way shall be properly maintained such that they are evenly Exhibit A Planning Commission Resolution 3765 January 8, 2001 Page 4 cut, evenly edged, free of bare or brown spots, debris and weeds. All trees and shrubs shall be trimmed so they do not impede pedestrian traffic along the waikways. Trees shall be pruned so they do not intrude into neighboring proper[ies and shall be maintained so they do not have droppings or create other nuisances to neighboring proper[ies. Ali trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways and structures. . All private driveways and sidewalks 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. , All buildings and site improvements contained within the two proposed parcels 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, or that such a condition of deterioration or disrepair causes harm or is materially detrimental to property values or improvements. Fo Parking spaces, driveways, sidewalks and other access to the site and buildings shall not be permanently or irrevocably assigned to any individual unit, tenant or building. The reciprocal parking, access and circulation agreement required by Condition 1.6 of this Resolution shall be described and included within the CC&Rs. G, All utility services serving maintained underground. the site shall be installed and H, The "Association" shall be required to file the name, address, and telephone number of at least .one member of the Association Board and the project manager before January 1~ of each year with the Community Development Department for the purpose of contacting the Association. I. The "Association" shall inform and disclose all new members of Exhibit A Planning Commission Resolution 3765 January 8, 2001 Page 5 the association upon purchase or a lease agreement on limitation of use of the shared access driveway and parking spaces. J, For the purposes of sign installation, the two properties would be entitled to one (1) monument sign per street frontage consistent with the Tustin Sign Code. Ko Future expansions of any of the buildings would be subject to approval of a design review application by the Community Development Department and the applicable prevailing codes and regulations. L, No amendment to alter, modify, terminate or change the Association's obligation to maintain the buildings and site improvements contained within the two' proposed parcels and. the project perimeter wall or other CC&R provisions in which the City has an interest, as noted above, or to later, modify, terminate or change the City's right to enforce maintenance of the buildings and site improvements within the two properties and the project perimeter wall and improvements, shall be effective without prior written approval of the Community Development Department. ORANGE COUNTY FIRE AUTHORI'i'Y (5) 4.1 Prior to recordation of Final .Parcel Map 2000-219, the applicant shall obtain all necessary approvals from the Orange County Fire Authority. FEES (1) 5.1 The applicant shall submit to the City of Tustin a CC&R review fee 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 $150 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. (1) 5.2 Within forty-eight (48) hours of approval of the subject project by the City Council, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $43.00 (forty-three dollars) to enable the City to file the appropriate environmental documentation for the project. If within such Exhibit A Planning Commission Resolution 3765 January 8, 2001 Page 6 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.