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HomeMy WebLinkAboutCC RES 93-28 2 3 4 5 6 7 8 9 10 12 ~3 ~15 16 ~7 ~8 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 93-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE PARCEL MAP NO. 92-231 The City Council of the City of Tustin does hereby resolve as follows: I.. The City Council finds and determines as follows: B. C. D. E. F. G. H. That Tentative Parcel Map No. 92-231 was submitted to the Planning Commission by James and Patricia London, for consideration. That a public hearing was duly called, noticed and held for said map on March 8, 1993 by the Planning Commission and on April 5, 1993 by the City Council. It has been determined that since the project involves the conversion of existing commercial units from single to condominium ownership, it is a minor alteration of existing facilities involving no expansion (Class 1) of use and therefore categorically exempt pursuant to the provisions of Section 15301 of the California Environmental Quality Act. That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted Newport-Warren Planned Community, the Tustin Municipal Code and Subdivision Map Act as it pertains to the development of commercial condominiums. That the site is physically suitable for this type of development. That the site is physically suitable for this intensity of development. That the design of the subdivision or the improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat. That the design of the subdivision or the type of improvements will not conflict with easements acquired by the public-at-large, for access through or use of the property within the proposed subdivision. 1 4 5 6 7 8 9 10 11 12 13 14 15 16 1 1 20 21 22 23 2,1 25 .2¢ 27 28 Resolution No. 93-28 Page 2 II. That the design of the subdivision or the types of improvements are not likely to cause serious public health problems. The City Council hereby approves Tentative Parcel Map No. 92-231, subject to the conditions attached hereto and identified as Exhibit A. PASSED AND ADOPTED by the City Council of the City of Tustin on the 5th day of April, 1993. City Cl~k LESLIE AN~E PONTIOUS Mayor STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) ss CERTIFICATION FOR RESOLUTION NO. 93-28 MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Resolution No. 93-28 was duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council, held on the 5th day of April, 1993.' COUNCILMEMBER AYES: Pontious, Ports, Puckett, Saltarelli, Thomas COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER:ABSENT: None %Y'3~,4.~.~, ~ ~.~ City Cl~k GENERAL (~) (i) (i) (i) (i) EXHIBIT A OF RESOLUTION NO. 93-28 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 92-231 Within 24 months from tentative map approval, the Subdivider shall file 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 9335.08 of the Tustin Municipal Code. Unless otherwise specified, the conditions contained in the Exhibit shall be complied with prior to approval of the final map, subject to review and approval by the Community Development Department. Prior to sale of units, the Subdivider shall record a final map in conformance with appropriate tentative map. Prior to final map approval. A. Subdivider shall submit a current title report. Subdivider shall submit a duplicate mylar of the Final Map, or 8½ 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. Ce Subdivider shall conform to all applicable requirements of the State Subdivision Map Act and the City's Subdivision Ordinance. The applicant and property owner shall hold harmless and defend the City of Tustin for all claims and liabilities arising out of the City's approval of the entitlement process for this project. The applicant and property owner shall sign and return the "Agreement to Conditions" form. SOURCE CODES (~) (3) (4) STANDARD CONDITION (5) CEQA MITIGATION (6) UNIFORM BUILDING CODE/S (7) DESIGN REVIEW EXCEPTION RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 93-28 Page 2 CCR'S (3) Prior to approval of the final map, all organizational documents for the project including any deed restrictions, covenants, conditions, and restrictions shall be submitted to and approved by the Community Development Department and City Attorney'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 after their recordation. CCR's shall include but not be limited to the following provisions: ae Since the City is interested in protecting the public health and safety and ensuring the quality and maintenance of common areas under control of an Association, the City shall be included as a party to the CCR's for enforcement purposes of those CC&R provisions in which the City has interest, as reflected by the following B through K. However, the City shall not be obligated to enforce the CCR's. B. The requirement that association bylaws be established. Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, parking areas, walls and fences, private roadways (i.e., sidewalks and signs. Membership in any Association shall be inseparable from ownership in individual lots. 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, additions, exterior mechanical equipment, television and radio antenna. Maintenance standards shall be provided for applicable items listed in Section C above in CCR's. Examples of maintenance standards are shown below: Ail common area landscaping visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, free of debris and free of weeds above the level of the lawn. All planted areas other than lawns shall be free of weeds, dead vegetation and debris. All trees and shrubs shall be trimmed so Exhibit A Resolution No. 93-28 Page 3 they do not impede pedestrian traffic along the walkways. Trees shall be pruned so they do not intrude into neighboring property and shall be maintained so they do not have droppings or create other nuisances to neighboring property. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways and structures. Ail private roadways, sidewalks and paseo 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. 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, or that such a condition of deterioration or disrepair cause harm or is materially detrimental to property values or improvements within three hundred (300) feet of the property may also be added as alternative language. Ge 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 CCR's. Parking spaces shall be permanently and irrevocably assigned to individual condominium units at a rate of 1 parking space per 250 square feet of office area. A minimum of 58 parking spaces shall be maintained on the property, based upon current square footages of existing buildings. Ail utility services serving the site shall be installed and maintained underground. The Association shall be required to file the names, addresses, and telephone numbers of at least one member of the Association Board and where applicable, a Manager of the project before January 1st of each year with the City of Tustin Community Development Department for the Exhibit A Resolution No. 93-28 Page 4 purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC&R violations. No amendment to alter, modify, terminate or change the Association's obligation to maintain the common areas and the project perimeter wall (include if the wall is located on private property) 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 effective without the prior written approval of the City of Tustin Community Development Department. FEES (~.) (3) (6) (9) Prior to issuance of any building permits, payment shall be made of all required fees including: Major thoroughfare and bridge fees to Tustin Public Works Department. Sanitary sewer connection fee to Orange County Sanitation District. Ail applicable Building plan check and permit fees to the Community Development Department. D. New development fees to the Community Development Department. FIRE DEPARTMENT (5) 4.~ Prior to the approval of any final parcel map, submit to the Fire Chief evidence of the type of on site fire hydrant system (public or private). Show the double detector, valves and PIV locations. If the system is private, provisions shall be placed in the CC&R's for the repair and maintenance of the system. (5) 4.Z Prior to the approval of any final parcel map, submit to the Fire Chief, underground water plans for any automatic fire sprinkler system. If the sprinkler system is shared or connected between structures, provisions shall be placed in the CC&R's for the repair and maintenance of the system. 4.3 Prior to the recordation of a final parcel map, evidence that a water supply for fire protection is available shall be submitted to and approved by the Fire Chief. Exhibit A Resolution No. 93-28 Page 5 PUBLIC WORKS (7) 5.~ Construction or replacement of any missing or damaged public improvements adjacent to this development will be required and shall include, but not be limited to the following.: a) curb and gutter b) sidewalk c) street paving d) street lights (7) 5.2 This development will require annexation to the Tustin Landscape and Lighting District. The City of Tustin Public Works Department will require a letter from the owners of the property stating that they will not protest said annexation. (7) 5.3 A reciprocal easement for both vehicular and pedestrian traffic as well as vehicular parking and maintenance of ali utility service laterals will be required.