HomeMy WebLinkAboutCC RES 08-40RESOLUTION NO. 08-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING 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 City Council of the City of Tustin does hereby resolve as follows:
1. The City Council finds and determines as follows:
A. That a proper application for Tentative Parcel Map No. 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 on May 27, 2008, the Planning Commission adopted Resolution No.
4093 recommending that the City Council approve Tentative Parcel Map
2007-234;
C. That a public hearing was duly called, noticed, and held for said map on
June 17, 2008, by the City Council;
D. 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 in that
these designations provide for the development of office, research and
development, and warehouse uses;
E. As conditioned, the map would be in conformance with the State
Subdivision Map Act and Tustin City Code Section 9323 (Subdivision
Code);
F. That the site is physically suitable for the type and density of development
proposed;
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. 08-40
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I. 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 City Council hereby approves 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 City Council, held on
the 17th day of June, 2008. ~
Doug Davert
for JERRY AMANTE,
Mayor
ATTEST:
PAMELA STOKER
City Clerk
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. 08-40 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 17th day
of June, 2008, by the following vote:
COUNCILMEMBER AYES: Davert, Bone, Kawashima, Palmer (4)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: Amante (1)
PAMELA STOKER
CITY CLERK
Resolution No. 08-40
Page 2 of 5
EXHIBIT A
RESOLUTION N0.08-40
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
June 17, 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
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
*"'* EXCEPTION Resolution No. 08-40
Page 3 of 5
Exhibit A
Resolution No. 08-40
TPM 2007-234
Page 2
(1) 1.5 The subdivider shall
Subdivision Map Act,
regulations.
PLANNING/ BUILDING
conform to all applicable requirements of the State
the City's Subdivision Ordinance, and the City's zoning
(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 ofFce 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.
Resolution No. 08-40
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Exhibit A
Resolution No. 08-40
TPM 2007-234
Page 3
COVENANTS, CONDITIONS, AND RESTRICTIONS (CC8~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.
Resolution No. 08-40
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