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HomeMy WebLinkAboutPC RES 4189RESOLUTION NO. 4189 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP 2010-153 TO SUBDIVIDE THE EXISTING THREE (3) MEDICAL OFFICE PARCELS INTO FOUR (4) SEPARATE PARCELS AND UNITS FOR INDIVIDUAL SALE OF UP TO 39 MEDICAL OFFICE CONDOMINIUM SUITES AND CONDITIONAL USE PERMIT 2012-02 FOR JOINT-USE PARKING FOR THE PROPERTY LOCATED AT 13362 - 13372 NEWPORT AVENUE (APN 500-131-01), 13422 NEWPORT AVENUE (APN 500-131-03), AND 1101 BRYAN AVENUE (APN 500-131-10) The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Tentative Parcel Map 2010-153 (TPM 2010-153} Conditional Use Permit 2012-02 (CUP 2012-02) was filed by Mark Mullen of KAMF Tustin, LLC, requesting authorization to subdivide three existing parcels containing four office buildings into four (4) separate parcels with shared parking; B. That the site is Zoned Community Commercial (C-1) and has a General Plan Land Use Designation of Community Commercial and the proposed subdivision is in conformance with the Community Commercial land use designation of the Tustin General Plan and the Community Commercial (C-1) zoning district; C. That the proposed subdivision, as conditioned, is consistent with the requirements of the Subdivision Map Act, the Subdivision Code and other applicable provisions of the Tustin City Code and State law. D. That pursuant to Tustin City Code, Planning Commission approval of a Conditional Use Permit is required for all other parking areas with joint-use parking. A Conditional Use Permit (CUP 2012-02) has been submitted as part of the application for a reduction in off-street parking for joint-use parking consistent with the following requirements: A parking study dated February 9, 2012, was prepared by Austin-Foust Associates, Inc., a California licensed traffic engineering firm, experienced in the preparation of such study and submitted by the applicant demonstrating that no substantial conflict will exist in the peak hours of parking demand far the uses for which joint-use is proposed. The methodology to be used in preparing the study such that promulgated by the Institute of Transportation Engineers (ITE); 2. The number of parking spaces which is credited against the requirements for the structures or uses involved do not exceed the number of spaces reasonably anticipated to be available during different hours of operation (260 spaces for the Center); Resolution No. 4189 Tentative Parcel Map 2010-153 CUP 2012-02 Page 2 3. Parking spaces designated for joint-use (total of 260 spaces) are located so that they will adequately serve the uses for which they are intended; 4. A written and recorded agreement shall be drawn to the satisfaction of the City Attorney and Community Development Director and executed by all parties concerned assuring the continued availability of the number of parking spaces designated for joint-use and availability of reciprocal access easements and has been made a condition of approval. E. That the applicant requests waiver of the one trash enclosure per parcel requirement from the Public Works Department. Trash enclosures shall be required as conditions of approval of the Tentative Parcel Map in accordance with the approved standards as established by the City Council; F. That the City Engineer has found that the proposed subdivision complies with Tustin City Code Section 9332 (Improvements) which requires that no final map shall be presented to the City Council for approval until all required improvements have been completed or that a subdivision agreement with the property owner has been recorded. Specifically, the City Engineer finds that all provisions of Section 9332 have been complied with, including: As conditioned, all existing and proposed utilities within the subdivision shall be prepped for undergrounding wherein service lines from existing power poles to respective buildings will be placed underground and inadequate electrical connections serving the project site will be upgraded. 2. As conditioned, improvements for asphalt repair shall be required as conditions of approval of the Tentative Parcel Map in accordance with the approved standards as established by the City Council. G. That Pursuant to Section 15315, Class 15, and Section 15301, Class 1, of the California Environmental Quality Act (CEQA), TPM 2010-153 and CUP 2012-02 are exempt from the provisions of CEQA since the project involves a minor subdivision involving four (4) or fewer parcels that are in conformance with the General Plan and Zoning, no variances or exceptions are required, and all services and access to the proposed parcel(s) are available, and the proposed uses involve negligible or no expansion of an existing uses within an existing office facility; and H. That a public hearing was duly called, noticed, and held for said map on February 28, 2012, by the Planning Commission. The Planning Commission hereby recommends that the City Council approve Tentative Parcel Map 2010-153 to subdivide the existing three (3) medical office parcels into four (4) separate parcels and units for individual sale of up to 39 medical office condominium suites and Conditional Use Permit 2012-02 for joint-use parking Resolution No. 4189 Tentative Parcel Map 2010-153 CUP 2012-02 Page 3 for the parcels located at 13362 - 13372 Newport Avenue (APN 500-131-01), 13422 Newport Avenue (APN 500-131-03), and 1101 Bryan Avenue (APN 500-131-10) PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 28t" day of February, 2012. ~, ~.---~- -~--- JEFF R. THOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary 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 Planning Commission of the City of Tustin, California; that Resolution No. 4189 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28t"day of February, 2012. ELIZABETH A. BINSACK Planning Commission Secretary Exhibit A RESOLUTION NO. 4189 EXHIBIT A RESOLUTION N0.4189 TENTATIVE PARCEL MAP 2010-153 and CONDITIONAL USE PERMIT 2012-02 13362, 13372, 13422 NEWPORT AVENUE & 1101 BRYAN AVENUE CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the approved plans for the project on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.3 Pursuant to TCC 9264a4, a written and recorded reciprocal parking agreement shall be drawn to the satisfaction of the City Attorney and Community Development Director and executed by the property owners of 13362, 13372 Newport Avenue (APN 500-131-01), 13422 Newport Avenue (APN 500-131-03), and 1101 Bryan Avenue (APN 500-131-10), and all parties concerned assuring the continued availability of the 181 spaces on-site and the 79 parking spaces at 13400 Newport Avenue and 13420 Newport Avenue designated for joint use, and the availability of reciprocal access easements. (1) 1.4 Prior to recordation of the final map, all organizational documents for the project including any Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted, by the primary applicant, to and approved by the Community Development Department and the City Attorney's Office and recorded with 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: SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUI<.DING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4189 TPM 2010-153 and CUP 2012-02 Page 2 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) Provisions related to the limitation of medical and/or professional office uses within the buildings at 13362, 13372 Newport Avenue (APN 500-131-01), 13422 Newport Avenue (APN 500-131-03}, and 1101 Bryan Avenue (APN 500-131-10). Any change to the intensity and/or uses specified requires City approval. 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, trash enclosures (i.e., walks, sidewalks), etc. Maintenance standards shall also be provided. e) 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. f) All private driveways, sidewalks, parking lots, trash enclosures 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. The Association shall ensure adequate trash facilities are provided in conformance with the approved final map and maintained free of debris and in sanitary condition at all times. g) 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. h) Membership in the association shall be inseparable from ownership in individual units. i) Architectural controls shall be provided and may include, but not be limited to, provisions regulating exterior finishes, roof materials, Exhibit A Resolution No. 4189 TPM 2010-153 and CUP 2012-02 Page 3 fences and walls, accessory structures such as mechanical equipment, television and radio antenna, and signs, consistent with the Tustin City Code. j) 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. k) The CC&Rs shall include the provisions of joint/shared parking between each of the parcels. Change to the jointlshared parking agreement shall be reviewed and approved by the Community Development Director. The agreement shall assure the continued availability of the 181 spaces on-site and the 79 parking spaces at 13400 Newport Avenue and 13420 Newport Avenue designated for joint-use, and the availability of reciprocal access easements. (1) 1.5 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. (1) 1.6 Approval of Tentative Parcel Map 2010-153 and CUP 2012-02 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) 1.7 The approval of a tentative parcel shall expire twenty-four (24) months from the date of its approval pursuant to TCC 9321 h unless an extension is provided pursuant to the Subdivision Map Act. (1) 1.8 Prior to final map, all existing and proposed utilities within the subdivision shall be underground (i.e. wherein the service lines from existing power poles to the respective buildings shall be placed underground). In addition, the applicant shall upgrade the inadequate electrical connections serving the buildings located within the subdivision boundaries. (1) 1.9 The property shall be maintained in conformance with Tustin City Code requirements, including but not limited to conformance with the City Sign Ordinance. Any violation of any of the conditions imposed is subject to code enforcement action and the issuance of an administrative citation pursuant to Section 1162(a) of the Tustin City Code. Exhibit A Resolution No. 4189 TPM 2010-153 and CUP 2012-02 Page 4 (1) 1.10 As a condition of approval of Conditional Use Permit 2012-02, 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) 1.11 Conditional Use Permit 2012-02 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with conditions of approval included in this Exhibit, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. Planning Division and the Successor Agency to the Redevelopment Agency (5) 2.1 Prior to final map approval, the Applicant/Owner shall post a bond or other method of surety along with an agreement pursuant to TCC 9332k for completion of improvements on the parking lot within thirty-six (36) months of the approval of the Tentative Parcel Map. The agreement shall specifically include the removal and replacement of the entire parking lot to meet City parking lot standards to the satisfaction of the Community Development Director. (5) 2.2 Prior to final map approval, the Applicant shall bring the project site into compliance with applicable Tustin City Code including but not limited to Zoning Code, Sign Code, Building Code, etc. (5) 2.3 Prior to final map approval, the building eaves shall be repaired/restored and painted on the building at 13372 Newport Avenue subject to review and approval by the Successor Agency to the Redevelopment Agency and the Community Development Director. (5) 2.4 Prior to final map, plans and a color and material board for construction of the new framing and stucco treatment shall be reviewed and approved by the Successor Agency to the Redevelopment Agency and the Community Development Director. Exhibit A Resolution No. 4189 TPM 2010-153 and CUP 2012-02 Page 5 Building Division (3) 3.1 Plans and permits will be required to remove the roof structure connecting buildings located on proposed Parcels "2" and "3" of TPM 2010-153 and install fire rated doors adjacent to the property line between proposed Parcels "2" and " 3". (3) 3.2 At the time of building permit application, the plans shall comply with the latest edition of the codes, City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. Public Works Department (1) 4.1 Preparation and recordation of a final subdivision map shall be required. (1) 4.2 Prior to recordation of the final map, the applicant is required to execute a subdivision and monumentation agreement and furnish improvement and monumentation bonds, all on forms acceptable to the City. (5) 4.3 The applicant 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. (5) 4.4 The applicant shall design and re-construct the existing concrete driveways along Newport Avenue and Bryan Avenue to current Federal Americans with Disabilities Act (RDA) requirements and City of Tustin Standard Drawings. The applicant shall submit to the Public Works Department 24" x 36" reproducible street improvement plans and construction area traffic control plans, as prepared by a California Registered Civil Engineer, for approval. The traffic control plan shall be prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation. (1) 4.5 Prior to approval of Parcel Map 2010-153, the applicant shall provide a written approval permit from the Orange County Sanitation District (OCSD). (1) 4.6 An access easement for emergency vehicles, public services, public utilities, and other necessary public access must be provided between proposed parcels. This access shall be shown on the Final Map. (1) 4.7 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) 4.8 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. Exhibit A Resolution No. 4189 TPM 2010-153 and CUP 2012-02 Page 6 (1) 4.9 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) 4.10 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. (1) 4.11 Prior to final map, the applicant/subdivider needs to clarify if the domestic water and irrigation water wilt be paid for by the association or if each of the condo units will be individually metered. (1) 4.12 Prior to final map, the applicant shall provide one (1) trash enclosure per parcel. All trash enclosures shall utilize the City of Tustin Community Development Department's Trash Enclosure Standard to accommodate at least two (2) four (4) yard bins per trash enclosure on the property, with at least one (1} bin reserved for recyclable materials. The number of trash enclosures shall be consistent with City requirements or a waiver of this requirement must be obtained from the City Public Works Department Administrative Services Manager. The trash enclosure(s), including gate replacement, etc., shall be coordinated with and approved by the Community Development Department. The Association shall ensure adequate trash facilities are provided in conformance with the approved final map and maintained free of debris and in sanitary condition at all times. (4) 4.13 The Parking Study prepared by Austin-Foust Associates, Inc. dated February 9, 2012, shall be revised based on comments provided by Public Works dated February 16, 2012, to the satisfaction of the Public Works/City Engineer and Community Development Director prior to final map.