HomeMy WebLinkAboutCC RES 12-24RESOLUTION NO. 12-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING 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}
That City Council of the City of Tustin does hereby resolve as follows:
The City Council 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 MuNen 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
designs#ion 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
Condi#ional 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 far joint-use parking
consistent with the following requiremen#s:
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 for the uses for which joint-use is
Resolution 12-24
Page 1 of 11
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 far the Center);
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 260
parking spaces designated far joint-use and availability of reciprocal
access easements and has been made a condition of approval.
E. That on February 28, 2012, the Tustin Planning Commission held a duly
noticed public hearing and adapted Resolution 4189, recommending that the
Tustin City Gouncil approve Tentative Parcel Map 2010-153 and Conditional
Use Permit 2012-02;
F. That a public hearing was duly called, noticed, and held for said map on
March 20, 2012, for City Council consideration.
G. 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;
H. 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:
1. As conditioned, all existing and proposed utilities within the subdivision
shall be prepared for future 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.
Resolution 12-24
Page 2 of 11
2. As conditioned, improvements far 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.
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 ar 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
I1. The City Council hereby adapts Resolution No. 12-24 approving 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 located at 133fa2 - 13372 Newport Avenue {APN 500-131
01}, 13422 Newport Avenue {APN 500-131-03}, and 1101 Bryan Avenue {APN
500-131-10} and approves Conditional Use Permit 2012-02 far joint-use parking
ensuring continued availability of the 181 spaces on-site and the 79 parking
spaces designated for joint-use at 13400 Newport Avenue and 13420 Newport
Avenue, and the availability of reciprocal access easements subject to conditions
of approval attached hereto {Exhibit A}.
PASSED AND ADC}PTED by the City Council of the City of Tustin, at a regular
meeting an the 20th day of March, 2012.
~.x_
JC3HN NIE~SEN,
Mayor
ATTEST:
PAMEtA STC?KER,
City Clerk
Resolution 12-24
Page 3 of 11
STATE OF CA~IFORMA }
COUNTY OF ORANGE } SS
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. 12-24 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 20t" day
of March, 2012, by the following vote:
COUNCIt_MEMBER AYES:
COUNCI~MEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCI~MEMBER ABSENT:
PAMEIJa STOKER,
City Clerk
Nielsen, Murray, Amante, Gavello, Gomez (5)
None (~)
None
None
(a)
(0)
Resolution 12-24
Page 4 of 11
EXHIBIT A
RESOLUTION NO. 12-24
TENTATIVE PARCEL MAP 2010-153 and CONDITIONAL USE PERMIT 2012-02
13382,13372, 13422 NEWPORT AVENUE ~ 1101 BRYAN AVENUE
CONDITIONS OF APPROVAt_
GENEt2At_
(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 an-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 sha(1 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) GEQA MITIGATION (8} LANDSCAPING GUIDELINES
(3} UNIFORM BUILDING GODE/S {7} PCJCC POLICY
(4) DESIGN REVIEW *** EXCEPTION
Resolution 12-24
Page 5 of 11
Exhibit A
Resolution No. 12-24
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 a!1 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 property maintained such that they are evenly
cut, evenly edged, free of bare or brawn spats, debris, and weeds.
All trees and shrubs shall be trimmed so they do no# impede
vehicular or pedestrian traffic. Trees shall be pruned so they do not
intrude into neighbor#ng properties and shall be maintained so they
do not have droppings or create other nuisances to neighboring
properties. AA trees shall also be root pruned to eliminate exposed
surface roots and damage to sidewalks, driveways, and structures.
f) AN 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, ar
general welfare.
h) Membership in the association shall be inseparable from ownership
in individual units.
Resolution 12-24
Page 6 of 11
Exhibit A
Resolution Na. 12-24
TPM 2010-153 and GUP 2012-02
Page 3
i) Architectural controls shall be provided and may include, but not be
limited ta, provisions regulating exterior finishes, roof materials,
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 jaint/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 shat( 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 prepared for future undergrounding 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
Resolution 12-24
Page 7 of 11
Exhibit A
Resolution No. 12-24
TPM 2010-153 and CUP 2012-02
Page 4
boundaries.
(1) 1.9 The property shall be maintained in conformance with Tustin City Cade
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(x) of the Tustin City Code.
(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 ar 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/restared and
painted on the building at 13372 Newport Avenue subject to review and
approval by the Successor Agency to the Redevelopment Agency and the
Resolution 12-24
Page 8 of 11
Exhibit A
Resolution No. 12-24
TPM 2010-153 and CUP 2012-02
Page 5
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.
Building Division
(3} 3.1 Plans and permits wi8 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, aN 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} andlor other agencies,
{5) 4.4 The applicant shat! design and re-construct the existing concrete driveways
along Newport Avenue and Bryan Avenue to current Federal Americans with
Disabilities Act {ADA} 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 Califomia Registered Civil Engineer, for approval.
The traffic control plan shall be prepared by a Califomia 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 shalt 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,
Resolution 12-24
Page 9 of 11
Exhibit A
Resolution No. 12-24
TPM 2010-153 and CUP 2012-02
Page 6
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 far 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.
(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 2047, or latest
version, having the extension "DWG". Ail layering and linotype conventions
are AutaCAD-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. Na 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 will 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. AH 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
Resolution 12-24
Page 10 of 11
Exhibit A
Resolution No. 12-24
TPM 2010-153 and CUP 2012-02
Page 7
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 Aus#in-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 WorkslCity Engineer and
Community Development Director prior to final map.
Resolution 12-24
Page 11 of 11