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HomeMy WebLinkAboutPC RES 4093RESOLUTION N0.4093 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP 2007-234 TO SUBDIVIDE AN EXISTING CONDOMINIUM UNIT INTO MULTIPLE SUITES WITHIN AN EXISTING TWO-STORY OFFICE BUILDING LOCATED AT 2552 WALNUT AVENUE The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Tentative Parcel Map 2007-234 was submitted by Gary Levinski of Pacific Pointe Partners, LLC on behalf of Tustin Corporate Center, LLC. requesting approval to subdivide a condominium unit within an existing two-story office condominium building located at 2552 Walnut Avenue; B. That a public hearing was duly called, noticed, and held for said map on May 27, 2008, by the Planning Commission; C. That the proposed subdivision is in conformance with the Tustin General Plan land use designation of Planned Community Commercial/Business ` and Planned Community Commercial (PC-COMM) zoning district and the Irvine Industrial Complex Planned Community development standards in that these designations provide for the development of office uses; 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 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. 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; and, Resolution No. 4093 Tentative Parcel Map 2007-234 May 27, 2008 Page 2 The parcel map is Categorically Exempt pursuant to Section 15315, Class 15 of Title 14, Chapter 3, of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby recommends that the City Council approve Tentative Parcel Map 2007-234 to subdivide a condominium unit within an existing two-story office condominium building located at 2552 Walnut Avenue, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 27t" day of May, 2008. ELIZABETH BINSACK Planning Co mission 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 Planning Commission of the City of Tustin, California; that Resolution No. 4093 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27~' day of May, 2008. b~~.....~, ~ ~~ ~' ELIZABETH A. NSACK Planning Commission Secretary Chairperson EXHIBIT A RESOLUTION N0.4093 TENTATIVE PARCEL MAP 2007-234 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed Project shall substantially conform with the submitted improvement plans on file, and the Tentative Parcel Map 2007-234, dated May 27, 2008, 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 Parcel Map 2007-234 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 Parcel Map 2007-234, 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. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODES (7) PC/CC POLICY (~) DESIGN REVIEW Exhibit A Resolution No. 4093 TPM 2007-234 Page 2 *** EXCEPTION (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. PLANNING/ BUILDING (3) 2.1 At the time of building permit application, the plans shall comply with the 2007 California Building Code (CBC), 2007 California Mechanical Code (CMC), 2007 California Plumbing Codes (CPC), 2007 California Electrical Code (CEC), California Title 24 Accessibility Regulations, 2007 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations (*) 2.2 The 123 parking spaces are allocated among all suites based on ninety (90) percent office use and ten (10) percent storage use. All parking shall be shared among all suites and there shall be no assigned parking spaces. PUBLIC WORKS DEPARTMENT (1) 3.1 Recycling and Disposal of Construction Debris -Prior to issuance of any permit, the contractor shall submit a Waste Management Plan identifying the amount and types of waste created by the project as a result of all construction related activity (Pursuant to City Code Section 4350, et al). (1) 3.2 In addition to the normal full size plan submittal, 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 shall be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 2007 having the extension DWG. However, drawings created in AutoCAD Release 2004 are compatible and acceptable. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings shall be in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. (1) 3.3 Preparation and recordation of a final subdivision map shall be required. Exhibit A Resolution No. 4093 TPM 2007-234 Page 3 COVENANTS, CONDITIONS, AND RESTRICTIONS (CC&Rs) (1) 4.1 Prior to recordation of the final map, all organizational documents for the project including modified covenants, conditions, and restrictions (CC&Rs), shall be submitted to and approved by the Community Development Department and the City Attorney's Office and recorded with County Recorder's Office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department within five (5) days of recordation. ORANGE COUNTY FIRE AUTHORITY (5) 5.1 Prior to recordation of Final Parcel Map 2007-234, the applicant shall obtain all necessary approvals from the Orange County Fire Authority. FEES (1) 6.1 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. (1) 6.2 The applicant shall reimburse the City of Tustin for the actual cost incurred to the City by the City Attorney and/or Special Counsel service for review of the CC&Rs per City Council Resolution 05-99.