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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:
I. The City Council 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;
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.
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;
That a public hearing was duly called, noticed and held for said map on
January 16, 2001 by the City Council;
Eo
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;
G. That the site is physically suitable for the type of development proposed;
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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;
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;
Ko
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,
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
EXHIBIT A
OF CITY COUNCIL RESOLUTION NO. 01-03
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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:
I. 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;
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;
Co
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;
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;
G. That the site is physically suitable for the type of development proposed;
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Planning Commission Resolution 3765
TPM 2000-219
January 8. 2001
Page ;~
H. That tile 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 corlflict with easements acquired by the p,~blic, for access
through or use of the property within the proposed subdivision;
That the project has been reviewed for compliance with the Americans
with DisaDilities Act of 1990, and it has been (:letermined that dedications
of right.of-way to accommodate a four (4) foot wide sidewalk behind the
drive aprons are necessary for ccmpliance with the requireme~,ts of ADA.
Also, the existing five (5) foot wide slctewalk aJong the frontage, of the
development wi!l require removal and construction of an eight ((3) foot
wide sidewalk. This construction will require dedication of three (3) feet
of addition.~l right-of-way along the entire Ne,,vport Avenue frontage to
meet cun'ent City s~andards and ADA requirements; and,
That the cles~n of the subdivision or the types of improvements
proposed are not likely to cause serious public health probie.m5.
I1.
The Planning Commission hereby recommends that the Ci(y Council approve
Tentative Parcel M,~p 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 ef developing two medical/general
office buildings, subject to the conditions contained in Exhibit A attached here~3.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission,
held on the 8'~ day of January, 2001.
ELIZABE'~H A. i~IN,5~CK
Planning Commission Secretary
,~'I'~F~I V, KOZAK
Chairpsrson
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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 I 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.
"~LIZABETH A. B1NSA~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 wdtten
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.
SOURCECODES
(2)
(3)
(4)
STANDARD CONDITION
CEQA MITIGATION
UNIFORM BUILDING CODE/S
DESIGN REVIEVV
EXCEPTIONS(I)
(5)
(6)
(7)
RESPONSIBLEAGENCY
REQUIREMENTS
LANDSCAPING GUIDELINES
PC/CC POLICY
Exhibit A
Planning Commission Resolution 3765
January 8,2001
Page 2
(5) 1.7
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 SUBMI'CrAL
(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 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.
(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:
Ao
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.
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.
Membership in the "Association" shall be inseparable from
ownership in individual lots.
Eo
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:
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
Janua~ 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.
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. An assigned parking plan may be submitted for review
and approval by the Community Development Director.
All 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 the project manager before January 1 '' of
each year with the Community Development Department for the
purpose of contacting the Association.
Exhibit A
Planning Commission Resolution 3765
January 8, 2001
Page 5
The "Association" shall inform and disclose all new members of
the association upon purchase or a lease agreement on
limitation of use of the shared access driveway and parking
spaces.
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.
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
Exhibit A
Planning Commission Resolution 3765
January 8, 2001
Page 6
appropriate environmental documentation for the project. If within such
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.
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF TUSTIN )
RESOLUTION NO. 01-03
I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, hereby certifies that the whole number of the members of the City
Council of the City of Tustin is five; and that the above and foregoing Resolution No. 01-
03 was adopted at a regular meeting of the City Council held on the 16th day of January,
2001, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Wodey, Thomas, Bone, Doyle, Kawashima
None
None
None
Pamela Stoker, City Clerk