Loading...
HomeMy WebLinkAboutCC RES 10-88RESOLUTION NO. 10-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE PARCEL MAP 2008-138 TO SUBDIVIDE AN EXISTING PARCEL LOCATED AT 14611 PROSPECT AVENUE INTO TWO (2) NEW PARCELS WHICH WOULD EACH ACCOMMODATE A SINGLE FAMILY DWELLING. The City Council of the City of Tustin does hereby resolve as follows: A. That a proper application for Tentative Parcel Map 2008-138 was filed by Tony Barkozia and Noel Prendergast requesting authorization to subdivide an existing 1.075 gross acres parcel located at 14611 Prospect Avenue into two (2) parcels to accommodate a single family dwelling on each parcel. B. That the proposed subdivision is in conformance with the Tustin General Plan land use designation of Low Density Residential and the Estate Residential (E-4) zoning district; C. That the site is physically suitable for the proposed density and type of development; D. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems; E. 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, F. As conditioned, the map would be in conformance with the State Subdivision Map Act and Tustin City Code Section 9323 (Subdivision Code); G. That the Public Works Department has reviewed the map and determined that it is technically correct; H. That Tentative Parcel Map 2008-138, Design Review 08-011, and Conditional Use Permit 08-017 is considered a "project" pursuant to the terms of the California Environmental Quality Act. That a public hearing was duly called, noticed, and held for TPM 2008-138, DR 08-011, and CUP 08-017 on August 24, 2010, by the Planning Commission. At said meeting the Planning Commission adopted Resolution Nos. 4153, 4154, and 4155, recommending that the City Council adopt the Negative Declaration for Tentative Parcel Map 2008-138, Design Review Resolution No. 10-88 Page 1 of 3 08-011, and Conditional Use Permit 08-017, and approve Tentative Parcel Map 2008-138, Design Review 08-011, and Conditional Use Permit 08- 017; J. That a public hearing was duly called, noticed, and held for said map on September 21, 2010, by the City Council; K. That prior to taking action on this project, the Tustin City Council adopted Resolution No. 10-87 finding that the Negative Declaration is adequate for Tentative Parcel Map 2008-138, Design Review 08-011, and Conditional Use Permit 08-017. II. The City Council hereby approves Tentative Parcel Map 2008-138 to subdivide an existing 1.075 gross acres parcel located at 14611 Prospect Avenue into two (2) parcels to accommodate a single family dwelling on each parcel. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 21St day of September, 2010. PAMELA STOKER City Clerk Resolution No. 10-88 Page 2 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 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. 10-88 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 21St day of September, 2010 by the following vote: COUNCILMEMBERAYES: Amante, Nielsen, Davert, Palmer, Gavello (5) COUNCILMEMBER NOES: None (0) COUNCILMEMBER ABSTAINED: None (0) COUNCILMEMBER ABSENT: None `(0) ~~ ,,, PAMELA STOKER City Clerk Resolution No. 10-88 Page 3 of 3 EXHIBIT A RESOLUTION NO. 10-88 TENTATIVE PARCEL MAP 2008-138 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 2008-138, dated September 21, 2010, 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 2008-138 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 2008-138, 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/5 (4) DESIGN REVIEW (1) 1.5 The subdivider shall Subdivision Map Act, regulations. PUBLIC WORKS DEPARTMENT (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION conform to all applicable requirements of the State the City's Subdivision Ordinance, and the City's zoning (1) 2.1 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) 2.2 Preparation and recordation of a final subdivision map shall be required. (1) 2.3 The applicant shall dedicate in fee title, at no cost to the City of Tustin the street rights-of-way along the Prospect Avenue property frontage. (1) 2.4 Prior to approval of the final parcel map, the applicant shall provide a non- interference letter from the Utility Company for the on-site power poles. (1) 2.5 Prior to recordation of the final map, applicant is required to execute a subdivision and monumentation agreement and furnish improvement and monumentation bonds. (1) 2.6 Prior to any submittals, the applicant shall submit an 8 '/2" X 11" address exhibit to the Engineering Division for review and approval. The address exhibit shall be in portable document format (PDF) and shall include the site plan, foot print of building(s), and streets. ORANGE COUNTY FIRE AUTHORITY (5) 3.1 Prior to recordation of Final Parcel Map 2008-138, the applicant shall obtain all necessary approvals from the Orange County Fire Authority. FEES (1) 4.1 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.