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HomeMy WebLinkAboutPC RES 3535!0 !1 12 13 14 15 16 17 18 2O 21 22 23 25 2~ 27 28 RESOLUTION NO. 3535 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE PARCEL MAP 97- 117, A REQUEST TO SUBDIVIDE A 1.6-ACRE COMMERCIAL PARCEL INTO TWO NUMBERED PARCELS ON THE PROPERTY LOCATED AT 535 EAST MAIN STREET. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A, That Vesting Tentative Parcel Map 97-117 was submitted to the Planning Commission by Greg Bennett Architects on behalf of the property o~m. ers for consideration; o That a public hearing was duly noticed, called and held on said application by the Planning Commission on August 11 and September 22, 1997, and renoticed for a hearing on November 10, 1997 by the Planning Commission; C . That a Negative Deciaration has been prepared and certified for this project in accordance with the provisions of the California Environmental Quality Act (CEQA); m . That the proposed subdivision is in conformance with the Tustin Area General Plan, Subdivision Map Act and Tustin City Codes as it pertains to development of commercial development; E , That the site is physically suitable for the type of development proposed; That the site is physically suitable for the proposed density of development; Go That the design of the subdivision is not likely to cause substantial environmental damage or substantially and un-avoidably injure fish or wildlife in their habitat; 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3535 Page 2 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; I o That the design of the subdivision is not likely to cause serious public health problems; Jo The proposed project has been reviewed for conformity with the provisions of the Orange County Congestion Management Program, and it has been determined that the additional traffic generated by the proposed project onto the CMP Highway System does not cause the system to exceed the established level of service standards; and, K, The proposed, project has been reviewed for conformity with the provisions of the Measure M/Growth Management Program, and it has been determined that the proposed project is exempt from the provisions of Measure "M" in that the estimated project generated traffic does not cause the roadway system to exceed the established level of service standards. m . 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 at the corner and all radius type driveways are necessary for compliance with the requirements of ADA. II. The Planning Commission hereby recommends that the City Council approve Vesting Tentative Parcel Map 97-117, to subdivide a 1.6-acre commercial site into two numbered parcels on the property located at 535 East Main Street, subject to conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 10th day of November, 1997 ~M ~Y-~~~ Chairman Pro Tern ~LIZABETH A[ B~-~SACK Planning Commission Secretary 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3535 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 City of Tustin, California; that Resolution No. 3535 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of November, 1997. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL EXHIBIT A TENTATIVE PARCEL MAP 97-117 CONDITIONS OF APPROVAL RESOLUTION NO. 3535 (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November !0, 1997 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 The subject project approval shall become null and void unless a Final Parcel Map is recorded within twenty four (24) months of the date of this Exhibit, unless time extensions are granted. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Approval of VTPM 97-117 is contingent upon the applicant and property owners signing'and returning an "Agreement to Conditions Imposed" form as established by the Community Development Department. (1) 1.4 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. (1) 1.5 Prior to sale of the individual parcels, the Subdivider shall record a final map in conformance with the approved tentative map. ENGINEERING/PUBLIC WORKS DEPARTMENT (5) 2.1 Preparation and recordation of a Final Parcel Map will be required. (5) 2.2 Prior to City Council approval, and recordation of the Final Map, the Subdivider shall execute Subdivision/ Monumentation agreements and furnish Improvement/ Monumentation bonds as required by the City Engineer. 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 (8) MUNICIPAL CODE **** EXCEPTION Exhibit A Resolution No. 3535 Conditions of Approval Page 2 (5) 2.3 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. The subdivision bonds will not be released until the "as built" CADD files have been submitted to and accepted by the Engineering Division. (5) 2.4 Prior to final map approval: A. Subdivider shall submit a current title report. B . Subdivider shall submit a duplicate mylar of the Final Map, or 8~ 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. C . Subdivider shall conform to all applicable requirements of the State Subdivision Map Act and the City's Subdivision Ordinance. (5) 2.5 Prior to Final Map approval, the Subdivider shall submit two (2) copies of the Notice of Intent for the NPDES industrial/commercial general permit, as submitted to the State of California Water Resources Control Board (one copy to Community Development Department/Building Division and one to the Public Works Department/Engineering Division). (5) 2.6 Ail drive approaches shall meet current federal ADA requirements. 2.7 The Final Map shall provide accurate size and name of each parcel. Exhibit A Resolution No. 3535 Conditions of Approval Page 3 DEDICATIONS/RESERVATIONS/EASEMENTS (1) 3.1 The subdivider shall satisfy dedication and/or (2) reservation requirements as applicable, including but not (5) limited to dedication of all required street right-of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific location by the City Engineer and other agencies. (5) 3.2 A covenant of easement between Parcels 1 and 2 shall be recorded for vehicular and pedestrian access between Parcels 1 and 2, subject to final review and approval by the Community Development Department and the City Attorney. (4) 3.3 The existing reciprocal access easement between the subject property and the adjacent property to the north (Larwin Square) shall be identified on the Final Map and shall be revised as appropriate, consistent with the proposed driveway improvements, subject to review and approval of the City Engineer. Any changes to the existing easement will require the property owner to execute and record a new reciprocal easement with the property owner of Larwin Square in order to provide for joint access. The form and content of the easement shall be subject to the approval of the Community Development Department and the City Attorney. Said easement shall be recorded prior to or concurrent with the Final Map approval or issuance of any building permits, whichever occurs first. CC&R'S (1) 4.1 Prior to approval of the final map, all organizational (3) 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 recordation. CC&R's shall include but not be limited to the following provisions: ao 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 in the following provisions. However, the city shall not be obligated to enforce the CC&R's. Exhibit A Resolution No. 3535 Conditions of Approval Page 4 m o The requirement that association bylaws be established. C o Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas, walls and fences, driveways, sidewalks and courtyards. m ° Membership in any Owner's Association shall be inseparable from ownership in individual lots. E , Architectural controls shall be provided and may include but not be limited to provisions regulating exterior finishes, roof materials, walls, signs, awnings, exterior mechanical equipment, television and radio antenna. 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, debris and weeds. Ail 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. Ail trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways and structures. ° Ail driveways, sidewalks and courtyards 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. Exhibit A Resolution No. 3535 Conditions of Approval Page 5 G . Owner's 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. Ail plans for exterior improvements shall conform to requirements set forth by the City and the CC&R's. H o No amendment to alter, modify, terminate or change the Owner's Association's obligation to maintain the common areas 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 shall be permitted without the prior written approval of the City of Tustin Community Development Department. FEES (1) 5.1 The applicant shall be required to pay all fees identified in Condition No. 9.1 of Planning Commission Resolution No. 3534. (1) 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 $38.00 (thirty-eight 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 statute of limitations for any interested party to challenge the environmental determination under the provision of the California Environmental Quality Act could be significantly lengthened.