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HomeMy WebLinkAboutPC RES 33861 RESOLUTION NO. 3386 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF TIlE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP 14901. The Planning Commission of the City of Tustin does hereby resolve as follows- I · The Planning Commission finds and determines as follows: ae That Tentative Tract Map No. 14901 was submitted to the Planning Commission by Sanderson J. Ray Development Company, for consideration. Be That a public hearing was duly called, noticed and held for said map on September 11, 1995 by the Planning Commission. C. That Environmental Impact Report (EIR 85-2 for the East Tustin Specific Plan) has been certified in conformance with the requirements of the California Environmental Quality Act for the subject project area. De That the proposed subdivision is in conformance with the East Tustin Specific Plan, the Tustin Municipal Code and Subdivision Map Act as it pertains to the commercial development. E. That the site is physically suitable for this type of development. That the site is physically suitable for this intensity of development. G o That the design of the subdivision or the improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitaf. That 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 the property within the proposed subdivision. I · That the design of the subdivision or the types of improvements are not likely to cause serious public health problems. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3386 Page 2 II. The Planning Commission hereby recommends to the City Council approval of Tentative Tract Map 14901, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 11th day of September, 1995. Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3386 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the llth day of September, 1995. Recording Secretary EXHIBIT A RESOLUTION NO. 3386 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 14901 GENERAL (1) 1.1 Within 24 months from tentative map approval, the Subdivider shall file 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 City Code Section 9361d(2). (1) 1.2 Unless otherwise specified, the conditions contained in the Exhibit shall be complied with prior to approval of the final map, subject to review and approval by the Community Development Department. (1) 1.3 Prior to sale of individual parcels, the Subdivider shall record a final map in conformance with appropriate tentative map. (1) 1.4 Prior to final map approval. A. Subdivider shall submit a current title report. Be 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. Ce Subdivider shall conform to all applicable requirements of the State Subdivision Map Act and the City's Subdivision Ordinance. (1) 1.5 The applicant and property owner shall hold harmless and defend the City of Tustin for all claims and liabilities arising out of the City's approval of the entitlement process for this project. 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 - Conditions of Approval Resolution No. 3386 Page 2 (1) 1.6 Approval of Tentative Tract Map 14901 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions" form as established by the Director of Community Development. CC&R'S (1) 2.1 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: ae Since the City is interested in protecting the public health and safety and ensuring the quality and maintenance of common areas under control of a Maintenance Director, 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 J. However, the City shall not be obligated to enforce the CC&R's. B. The requirement that bylaws be established. Ce Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including building elevations, lighting, landscaping, parking areas, walls and fences, private roadways, sidewalks and signs, which may include the establishment of a "Maintenance Director" or other form of property management to administer the common area maintenance of each lot, subject to the approval of the City Attorney. De Architectural controls shall be provided and may include but not be limited to provisions regulating store fronts, building elevations, exterior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, additions, exterior mechanical equipment, television and radio antenna. Exhibit A - Conditions of Approval Resolution NO. 3386 Page 3 Ee 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 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. All 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. e Ail private roadways, parking lots, sidewalks and paseo 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, 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. F · "Maintenance Director" or other form of property management 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. All plans Exhibit A - Conditions of Approval Resolution No. 3386 Page 4 Ge for exterior improvements shall conform to requirements set forth by.the City and the CC&R's. Parking spaces shall not be permanently and irrevocably assigned to individual parcels or tenants. Required parking spaces shall be maintained on the property, based upon those rates identified in the East Tustin Specific Plan and calculated on a center-wide basis. H· Ail utility services serving the site shall be installed and maintained underground. I · The "Maintenance Director" or other form of property management shall be required to file their names, addresses, and telephone numbers before January 1st of each year .or within 10 days of change of management assignment, 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. Je 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. FIRE DEPARTMENT (5) 3.~ Prior to the approval of any final tract map, submit to the Fire Chief evidence of the type of on site fire hydrant system (public or private). Show the double detector, valves and PIV locations. If the system is private, provisions shall be placed in the CC&R's for the repair and maintenance of the system. Exhibit A - Conditions of Approval Resolution No. 3386 Page 5 (5) 3.2 Prior to the approval of any final tract map, submit 'to the Fire Chief, underground water plans for any automatic fire sprinkler system. If the sprinkler system is shared or connected between structures, provisions shall be placed in the CC&R's for the repair and maintenance of the system. (5) 3.3 Prior' to the recordation of a final tract map, evidence that a water supply for fire protection, is available shall be submitted to and approved by the Fire Chief. PUBLIC WORKS (5) 4.1 Construction or replacement of any missing or damaged public improvements adjacent to this development will be required and shall include, but not be limited to the following: a) curb and gutter b) sidewalk c) street paving d) street lights (5) 4.2 This development will require annexation to the Tustin Landscape and Lighting District. The City of Tustin Public Works Department will require a letter from the owners of the property stating that they will not protest said annexation. (5) 4.3 A reciprocal easement for both vehicular and pedestrian traffic as well as vehicular parking and maintenance of all utility service laterals will be required. FEES (1) 5.1 The applicant shall submit to the City of Tustin a $1,335 Final Tract 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 at a rate of $150 per hour for the City Attorney and $50 per hour for Planning staff. Exhibit A - Conditions of Approval Resolution No. 3386 Page 6 (1) 5.2 Within forty-eight (48) hours of approval of the subject (5) project, the applicant shall deliver to the Community. Development Department, a cashier's check payable to the COUI~TY CLERK in the amount of $25.00 (twenty-five dollars) to enable the City to file the 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.