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HomeMy WebLinkAboutPC RES 4149RESOLUTION NO. 4149 ~. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP (TTM) 17342 TO SUBDIVIDE AN EXISTING 9.62-ACRE PROPERTY INTO FIVE (5) NUMBERED LOTS, ONE (1) LETTERED LOT, FOR A MAXIMUM OF 115 OFFICE UNITS, FOR CONDOMINIUM PURPOSES FOR THE PROPERTY LOCATED AT 17772 - 17862 SEVENTEENTH STREET The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Tentative Tract Map No. 17342 was submitted by Dan Figueroa of Greenlaw Partners requesting approval to subdivide an existing 9.62-acre property improved with five (5) office buildings, on-site parking, access, and landscape areas for condominium purposes, into five (5) numbered lots, one (1) lettered for the properties located at 17772, 17782, 17822, 17852, and 17862 Seventeenth Street. That each existing building will be subdivided further into office condominiums for a maximum of 115 office units, as follows: _- -- - __- ~ Address Max. # of_Units j i 17772 17th St. 20 F _ ,......................-----..-_.......__f----~ ............._.... ____. ____.._._.. I 1__1,7782 17th St. _..r .......................__.~_20 __ ~ ~ ~ 17822 17th St. _x_______.__35 ~ r .......-- ------._- ~_ _ a 17852 17th St. 20 ' ~_._....___..._~___~__._.._._ _____~....._.__.20--.---____.._1 ' 17862 17th St. ~ Total 115 B. That the site is designated as Planned Community Commercial/Business by the City General Plan which provides for a variety of industrial, office and commercial uses, and is zoned Planned Community Business Park (PC BUS PARK), which provides for business park and general and professional office uses. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That a public hearing was duly called, noticed, and held for TTM 17342 on June 22, 2010, by the Planning Commission; D. That the applicant requested a continuance and the Planning Commission continued the public hearing to July 27, 2010; E. That a public hearing was duly called, noticed, and held for TTM 17342 on July 27, 2010, by the Planning Commission; F. That as conditioned, the map would be in conformance with the State Subdivision Map Act and Tustin City Code Section 9323 (Subdivision Code) in that; The proposed map is consistent with the General Plan and the PC Business Park zoning regulations. Resolution No. 4149 TTM 17342 Page 2 2. The design and improvement of the proposed subdivision is consistent with the General Plan and PC Business Park zoning regulations, in that the improvements are all existing and no new improvements are proposed. 3. The site is physically suitable for the type of development in that the development is existing as was originally approved. 4. The site is physically suitable for the proposed density of development in that the development is existing as was originally approved. 5. The tract map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that the development is existing and no improvements are proposed. 6. The design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems in that the development is existing and no improvements are proposed. 7. That, as conditioned, 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 property within the proposed subdivision. G. That the City's Public Works Department has reviewed the map and determined that, as conditioned, it is technically correct. H. The proposed tract map is Categorically Exempt pursuant to Section 15301(k), Class 3, of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The Planning Commission hereby recommends that the City Council approve Tentative Tract Map (TTM) 17342 to subdivide an existing 9.62-acre property for condominium purposes into five (5) numbered lots and one (1) lettered lot, for a maximum of 115 office units, and for the property located at 17772 - 17862 Seventeenth Street, subject to the recommended conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 27th day of July, 2010. ELWYN A. " L" MURRAY Chairperson _ _~C~~~vti---- ELIZABETH A. BINS CK Planning Commission Secretary Resolution No. 4149 TTM 17342 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4149 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of July, 2010. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION N0.4149 TENTATIVE TRACT MAP 17342 RECOMMENDED CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped July 27, 2010, on file with the Community Development Department, as herein modified, or 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. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 Approval of Tentative Tract Map 17342 is contingent upon the subdivider and property owner 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) 1.4 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.5 As a condition of approval of Tentative Tract Map 17342, the subdivider 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 subdivider 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) 1.6 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 City Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4149 TTM 17342 Page 2 pursuant to Section 9323 of the Tustin City Code. The Final Map shall be submitted at least 90 days prior to the expiration of the Tentative Map for review, processing, and recording prior to the expiration of the Tentative Map. Time extensions shall be in conformance with the provision of the Tustin City Code and State Subdivision Map Act. (1) 1.7 The subdivider shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.8 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. (1) 1.9 At the time of Final Map submittal, the subdivider shall also submit two (2) copies of an up-to-date title report. USE RESTRICTIONS (***) 2.1 The office condominiums are limited to general and professional office uses. Each building is limited to the following number of condominium units, and no unit shall be less than 1,000 square feet. Lot (Building) --- -- ~ Totat Gross ~ Max. # of Units Square Feet 1 - .- .. - - -- - --__.__.-.-.- ---.....-28,800._._._-_~ ...- . -_______._.-20.-..._ -- ~ 28, 800 ~ . --.._. - 20 _ 3 ------r_._~....._ _ _ ~ 71520 ~ ... . ... ... . .._.~.-.__~ __,._.-..----- .. 35 . .. -.._......_..- - 4 --___...-_ . . . . . .._....--__28, 800-...--..._- -.. ..-.- __ ..__._-._........__.____....----- . 2 ~ 5 . . . ~ 28, 800 . ___._......_..-.._ - _ ___------ 20 Total 186,720 115 Based upon the existing parking supply, medical/dental office uses would not be permissible unless an additional parking supply can be identified and approved by the Community Development Department. Any change in use shall be reviewed and approved by the Community Development Director. (***) 2.2 A total of 529 parking spaces shall be maintained on-site on Lot A of Tract 17342 at all times. Any change to or reduction of on-site parking shall be reviewed and approved by the Community Development Director. 2.3 PUBLIC WORKS/ENGINEERING DEPARTMENT (1) 3.1 Preparation and recordation of a final subdivision map shall be required. Exhibit A Resolution No. 4149 TTM 17342 Page 3 (1) 3.2 Prior to approval of the final map, the subdivider is required to execute a subdivision and monumentation agreement and furnish improvement and monumentation bonds, all on forms acceptable to the City. (***) 3.3 The subdivider shall dedicate in fee title, at no cost to the City of Tustin, the appropriate corner cut-off right-of-way at the intersection of Seventeenth Street and Prospect Avenue and the street rights-of-way along the Seventeenth Street and Prospect Avenue property frontages. (***) 3.4 The subdivider shall dedicate the appropriate roadway easement at the Seventeenth Street and Prospect Avenue driveways, at no cost to the City of Tustin, per separate instruments. The subdivider shall submit a legal description and plat as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor to the Engineering Division for review and approval. (***) 3.5 Upon written notice by the City of Tustin, the applicant shall provide a ten (10) foot wide Temporary Construction Easement (TCE) to the City of Tustin for construction of future Seventeenth Street widening along the northerly property line, at no cost to the City of Tustin. The required TCE will not affect existing onsite parking. (1) 3.6 The subdivider shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to, dedication in Fee Title of all required street rights-of-way; dedication of all required flood control right-of-way easements; and dedication of vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer (at no cost to the City) and/or other agencies. (***) 3.7 The applicant shall design and reconstruct the existing concrete curb ramps and driveways along Prospect Avenue and Seventeenth Street to current Federal Americans with Disabilities Act (ADA) requirements and City of Tustin Standard Drawings. The applicant shall submit to the Public Works Department 24" x 36" reproducible street improvement plans, as prepared by a California Registered Civil Engineer, for approval. The plans shall clearly show existing and proposed surface and underground improvements. Exhibit A Resolution No. 4149 TTM 17342 Page 4 f: (***) 3.$ The subdivider will be required, as part of the access ramp reconstruction, to design and install new signal loops at the easterly most driveway on Seventeenth Street. The applicant shall obtain all approvals and permits from the County of Orange for the traffic signal work. (**'") 3.9 The applicant shall remove the portion of the trash enclosure in the public right-of-way along Seventeenth Street and design and install matching landscape and irrigation within the parkway. The applicant shall design and construct a new trash enclosure masonry wall within the private property to match the remaining portion of the existing trash enclosure. (1) 3.10 Prior to issuance of an Encroachment Permit for construction within the public right-of-way, a 24" x 36" construction area traffic control plan, as prepared by a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, shall be prepared and submitted to the Public Works Department for approval. (1) 3.11 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before acceptance of the tract. (1) 3.12 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 3.13 Prior to any discretionary approval(s), the applicant shall be required to demonstrate participation in the City of Tustin's Source Separation Recycling Program and submit a Facility Recycling Plan to the City of Tustin Public Works Department for review and approval. (1) 3.14 CADD Requirements - In addition to the normal full-size map and plan submittal, all final maps and 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 in computer aided design and drafting (CADD) format to the satisfaction of the City Engineer. The standard file format is AutoCAD Release 2007, or latest version, having the extension "DWG." All layering and linotype conventions are AutoCAD-based (latest version available upon request from the Public Works Department). The CADD files shall be submitted to the City at the time plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. No project bonds will be released until acceptable "as built" CADD files have been submitted to the City. Exhibit A Resolution No. 4149 TTM 17342 Page 5 CC&Rs (1) 4.1 Prior to recordation of the final map, all organizational documents for the project including any Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted to the Community Development Department for review and approval by the City Attorney's Office and shall be recorded with the 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. At a minimum, the following items shall be included: a. 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. The requirement that association bylaws be established c. Provision assuring the continued availability of the number of parking spaces designated for common use and the availability of reciprocal access easements ensuring access to the public rights-of-way. d. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including buildings and amenities, landscaped areas, walls and fences, private roadways (i.e., walks, sidewalks), etc. Maintenance standards shall also be provided. Examples of maintenance standards are shown below. All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. 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. 2. All private roadways, sidewalks, and open space areas shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travelways should be removed or repaired promptly. 3. 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. Exhibit A Resolution No. 4149 TTM 17342 Page 6 l e. Membership in the association shall be inseparable from ownership in individual units. f. 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 mechanical equipment, television and radio antenna, and signs, consistent with the Tustin City Code and the Planned Community Business Park zoning district. g. Parking controls shall be provided and may include, but not be limited to, provisions regulating vehicle and truck deliveries, vehicle and truck parking, loading and unloading activities, etc. FEES (1, 5) 5.1 Within forty-eight (48) hours of approval of the subject project, the subdivider 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 subdivider 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) 5.2 The subdivider 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.