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HomeMy WebLinkAboutPC RES 3210 3 4 5 6 7 8 9 10 ~2 13 14 15 16 17 18 19 20 21 24 27 RESOLUTION NO. 3210 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF TENTATIVE PARCEL MAP NO. 93-177 The Planning Commission of the city of Tustin does hereby resolve as follows: I · The Planning Commission finds and determines as follows: A· That Tentative Parcel Map No. 93-177 was submitted to the Planning Commission by Mr. Philip Bettencourt, for consideration. S · That a public hearing was duly called, noticed and held for said map on December 13, 1993 by the Planning Commission. Ce It has been determined that this project is Categorically Exempt ~Class 15) pursuant to the provisions of Section 15315 of the California Environmental Quality Act. De That the proposed subdivision is in conformance with the Tustin Area General Plan, the Irvine Industrial Complex District Regulations, the Tustin Municipal Code and Subdivision Map Act. Ee That the design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat. That the design of the subdivision will not conflict with easements acquired by the public-at-large, for access through or use of the property within the proposed subdivision. Ge That the design of the subdivision is not likely to cause serious public health problems. II. The Planning Commission hereby recommends to the City Council approval of Tentative Parcel Map No. 93-177, subject to the conditions attached hereto as Exhibit A. 3 4 5 6 8 !0 ~3 15 16 17 18 19 20 21 24 26 27 Resolution No. 3210 Page 2 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 13th day of December, 1993. KATHLEEN Secretary Chairperson STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3210 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of December, 1993. Recording Secretary EXHIBIT A RESOLUTION NO. 3210 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 93-177 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 Section 9335.08 of the Tustin Municipal Code. (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 the sale of the individual buildings, the Subdivider shall record the Final Map in conformance with appropriate tentative map. (1) 1.4 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 8½ 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. (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 Tentative Parcel Map 93-177 Page 2 (1) 1.6 The applicant and property owner shall sign and return the "Agreement to Conditions Imposed" form. CCR'S (1) 2.1 Prior to approval of the Final Map, all organizational (3) documents for the project including any deed (8) 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. CCR's shall include but not be limited to the following provisions: a. Since the City is interested in protecting the public health and safety and ensuring the quality and maintenance of common areas under control of an Association, the City shall be included as a party to the CCR's for enforcement purposes of those CC&R provisions in which the City has interest, as reflected by the following B through K. However, the City shall not be obligated to enforce the CCR's. B. The requirement that association bylaws be established. Ce Provisions for effective establishment, operation, management, use, repair and maintenance of all areas and facilities including landscaped areas, parking areas, walls, fences and signs. D, Membership in any Association shall be inseparable from ownership in individual lots. 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 sunshades, trellises, gazebos, awnings, additions, exterior mechanical equipment, television and radio antenna. Maintenance standards shall be provided for applicable items listed in Section C above in CCR's. Examples of maintenance standards are shown below: Exhibit A Conditions of Approval Tentative Parcel Map 93-177 Page 3 Ail landscaping visible from any public way 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. . Ail private drives 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. . Ail 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. G . 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. All plans for exterior improvements shall conform to requirements set forth by the City and the CCR's. He Parking spaces shall not be assigned to the individual buildings, but shall remain as common area for both buildings. The required number of parking spaces shall be based on the parking requirements established in the Irvine Industrial Complex District Regulations on file with the City of Tustin Community Development Department. A minimum of 226 parking spaces shall be maintained on Exhibit A Conditions of Approval Tentative Parcel Map 93-177 Page 4 the property, based upon current square footages of the existing buildings. A reciprocal easement for parking and vehicular and pedestrian access shall be recorded to ensure that there is adequate access and parking for each building. I · Ail utility services serving the site shall be installed and maintained underground. J. The Association shall be required to file the names, addresses, and telephone numbers of at least one member of the Association Board and where applicable, a Manager of the project before January 1st of each year 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. K. No amendment to alter, modify, terminate or change the 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 and maintenance of the project perimeter wall, shall be effective without the prior written approval of the City of Tustin Community Development Department. FEES (1) 3.1 Prior to issuance of any building permits, payment shall (3) be made of all applicable Building plan check and permit fees to the Community Development Department. PLANNING DIVISION (4) 4.1 Ail existing on-site red curb and no-parking areas shall be repainted prior to Final Map approval, subject to approval of the Community Development and Fire Departments. (4) 4.2 Ail trash bins shall be stored within adequate size trash enclosures with solid metal, self closing, self latching gates. Said enclosure(s) shall be screened by a solid decorative wall consistent with the adjacent building's material and finish and be of a minimum height of six feet. Details shall be approved by the Community Development Department, and building permits for enclosures shall be finaled by the Community Development Department prior to Exhibit A Conditions of Approval Tentative Parcel Map 93-177 Page 5 approval of a Final Map. The location of bins, sizes and quantities shall be reviewed and accepted by Great Western Reclamation. (4) 4.3 Ail parking and landscaped areas shall be maintained free of trash and debris. (4) 4.4 Ail graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structure and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. (4) 4.5 According to the Irvine Industrial Complex District Regulations, all outdoor storage areas shall be visually screened so that materials stored within these areas shall not be visible from access streets, freeways and adjacent property. Any truck trailers stored within designated parking areas and in areas not visually screened on the subject property shall be removed prior to Final Map approval. (5) 4.6 Conditions, Covenants, and Restrictions will be required to be prepared for this property and reviewed and approved by the Community Development Department and City Attorney's Office prior to approval of a Final Map. A copy of any restrictive covenants proposed shall be appendixed to the map. FIRE DEPARTMENT (5) 5.1 Prior to the issuance of any final parcel map, submit to the Fire Chief, evidence of the type of on site fire hydrant system (public or private). If the system is private, provisions shall be placed in the CC&R's for the repair and maintenance of the system. (5) 5.2 Prior to the issuance of any final parcel map, submit to the Fire Chief underground water plans for any automatic fire sprinkler systems. 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. ENGINEERING/PUBLIC WORKS DEPARTMENT (5) 6.1 Prior to recordation of the Final Map, the Subdivider will be required to execute a monumentation agreement and bond to guarantee that all monuments will be set in the field per the Final Parcel Map. Exhibit A Conditions of Approval Tentative Parcel Map 93-177 Page 6 (5) 6.2 Construction of a minimum five (5) foot wide curb adjacent utility clear sidewalk will be required along Dow Avenue adjacent to this development. The sidewalk construction shall be per City of Tustin Standard Drawings 104A and 105B. An easement for sidewalk purposed will be required at the area where the sidewalk will transition around the existing street lights, hydrants and any other above ground obstruction. This easement can be dedicated to the City of Tustin on the parcel map or by separate document. (5) 6.3 Prior to approval of the Final Map, a separate 24" x 36" street improvement plan will be required for all construction within the public right-of-way and said plan shall be prepared by a California Registered Civil Engineer. In conjunction with the above plan, a 24" x 36" traffic control plan, as prepared by a California Registered Traffic Engineer, will be required. (5) 6.4 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) 6.5 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 alsc 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.