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HomeMy WebLinkAboutCC RES 95-082 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 95-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 95-115, A REQUEST TO SUBDIVIDE ONE 3.824 ACRE INDUSTRIAL PARCEL INTO THREE NUMBERED PARCELS AND ONE LETTERED PARCEL ON THE PROPERTY LOCATED AT 14272 FRANKLIN AVENUE The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: That Tentative Parcel Map 95-115 was submitted to the City Council by Williamson and Schmid, for consideration. That a public hearing was duly noticed, called and held on said application by the Planning Commission on August 28, 1995 and City Council on September 18, 1995. That the project will not have a significant effect on the environment in that a Negative Declaration has been prepared pursuant to the provisions of the California Environmental Quality Act. That the proposed subdivision is in conformance with the Tustin Area General Plan, Subdivision Map Act as it pertains to the development of industrial development. Ze That the site is physically suitable for the type of development proposed. 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. That the design of the subdivision or the type of improvements proposed will not conflict with easement acquired by the public at large, for access through or use of the property within the proposed subdivision. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 95-82 Page 2 That the design of the subdivision or the types of improvement proposed are not likely to cause serious public health problems. II. The City Council hereby approves Tentative Parcel Map 95- 115, for the property located at 14272 Franklin Avenue and subject to conditions contained in Exhibit A of Planning Commission Resolution 3379, incorporated herein by reference. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, held on the 18th day of September, 1995. City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR RESOLUTION NO. 95-82 Pamela Stoker, 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. 95-82 .was duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council, held on the 18th day of September, 1995. COUNCILMEMBER AYES: Worley, Doyle, Thomas COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER:ABSENT: Poets, Saltarelli Pamela Stoke~ City Clerk EXHIBIT A TENTATIVE PARCEL MAP 95-115 CONDITIONS OF APPROVAL RESOLUTION NO. 95-82 GENERAL 1.1 The proposed project shall substantially conform with the submitted plans date stamped September 18, 1995 on file with the Community Development Department 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 subsequent minor modifications to plans during plan check. 1.2 The applicant shall sign and return an Agreement to Conditions Imposed form prior to City Council review of subsequent land use applications. 1.3 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of the City's approval of the entitlement process for this project. 1.4 Prior to sale of the lots, the Subdivider shall record a final map in conformance with appropriate tentative map. 1.5 Tentative Parcel map approval shall become null and void unless all building permits are issued within twenty four (24) months of the date of this Exhibit, unless time extensions are granted. ENGINEERING/PUBLIC WORKS DEPARTMENT (5) 2.1 Preparation and recordation of a final parcel map will be required. (5) 2.2 The Subdivider shall execute a monumentation agreement and provide a bond to the City, to guarantee that all monuments will be set in the field per the final parcel map. SOURCE CODES (1) STANDARD CONDITION (5) (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW **** EXCEPTION RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY (8) MUNICIPAL CODE Exhibit A Resolution No. 95-82 Page 2 (5) 2.3 (5) 2.4 CC&R's (1) 3.1 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, record 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 acceptable formats shall be Intergraph DGN or Auto Cadd DWG file format, but in no case less than DXF file format. The City of Tustin CADD conventions shall be followed in preparing plans in CADD, and these guidelines are available from the Engineering Division. 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. 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. Co Subdivider shall conform to all applicable requirements of the State Subdivision Map Act and the City's Subdivision Ordinance. 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. CC&R's shall include but not be limited to the following provisions: Exhibit A Resolution No. 95-82 Page 3 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 CC&R'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 CC&R's. B. That Association bylaws be established. Ce Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas, parking areas, walls and fences, private roadways, trash enclosures and sidewalks. Membership in any Association shall be inseparable from ownership in individual lots. Maintenance standards shall be provided for applicable items .listed in Section C above in CC&R'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. Ail planted areas other than lawns shall be free of weeds, dead vegetation and debris. 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 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, parking lots, pavement, sidewalks and paseos 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. Exhibit A Resolution No. 95-82 Page 4 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. Parking spaces shall not be permanently or irrevocably assigned to any individual unit, tenant or building. A minimum of 222 parking spaces shall be maintained on the property, based upon current design of the site. Ail utility services serving the site shall be installed and maintained underground. The Association shall be required to file the name, address, and telephone number 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 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. Exhibit A Resolution No. 95-82 Page 5 FIRE AUTHORITY (5) Prior to the issuance of any final parcel map, submit to the Fire Chief evidence of the on-site fire hydrant system and indicate if public or private. If the system is private, provision shall be placed in the CC&R's for the repair and maintenance of the system. FEES (]-) 5..1. The applicant shall submit to the City of Tustin a $1,110 Final Parcel Map fee and a $190 CC&R Review fee. The CC&R Review fee includes one (1) initial check and one (1) recheck of the document. However, should the CC&R's require subsequent review an hourly rate will be charged to the project at a rate of $150 per hour for the City Attorney and $50 per hour for Planning Staff. 5.2 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 $25.00 (twenty-five dollars) to enable the City to file with the County Clerk, the appropriate environmental documentation pursuant to the California Environmental Quality Act. If within such forty eight (48) hour period, the applicant has not delivered to the Community Development Department the above noted check, the approval for the project granted herein shall be considered automatically null and void.