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HomeMy WebLinkAbout04 TPM 2002-106Report to the Planning Commission I ITEM #4 DATE: SUBJECT: AUGUST 26, 2002 PUBLIC HEARING FOR TENTATIVE PARCEL MAP 2002-106 APPLICANT: TUSTIN AUTO WASH 535 E. MAIN STREET TUSTIN, CA 92780 ATTN: TOM BAUMGARTNER PROPERTY OWNER: REHKA BAJARIA 3405 SEPULVEDA BLVD. TORRANCE, CA 92780 LOCATION: 535 E. MAIN STREET. ZONING: CENTRAL COMMERCIAL AND PARKING OVERLAY (C-2P) GENERAL PLAN LAND USE: COMMUNITY COMMERCIAL ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15315, CLASS 15 OF TITLE 14, CHAPTER 3 OF THE CALIFORNIA CODE OF REGULATIONS (GUIDELINES FOR THE CALIFORNIA ENVIRONMENTAL QUALITY ACT) REQUEST: AUTHORIZATION TO SUBDIVIDE AN EXISTING 1.62-ACRE PARCEL INTO TWO PARCELS RECOMMENDATION That the Planning Commission adopt Resolution No. 3840 recommending that the City Council approve Tentative Parcel Map 2002-106 to subdivide an existing 1.62-acre parcel into two parcels for conveyance purposes. BACKGROUND AND DISCUSSION Conditional Use Permit (CUP) 97-005, Design Review (DR) 97-009, and Tentative Parcel Map (TPM) 97-117 were requests to demolish an existing service station and carwash and construct a new service station, carwash, and 5,500 square foot retail building at the Planning Commission Report TPM 2002-106 August 26, 2002 Page 2 of ,~. northwest corner of Newport Avenue and Main Street (Attachment A - Location Map). The project also included the subdivision of the property into two parcels. On November 10, 1997, the Planning Commission adopted Resolution No. 3534 conditionally approving CUP 97-005 and DR 97-009. On December 1, 1997, the City Council adopted Resolution No. 97-115 upholding the Planning Commission's approval with an expiration date of December 1,' 1999, for the project (Attachment B). Subsequently, the Planning Commission granted two extensions until December 1,2000. Since then, the building and grading permits for construction of the project have been issued, and the project is near completion. However, a final map, was not approved or recorded and the tentative parcel map approval expired on December 1, 2000. A new Tentative Parcel Map (2002-106) has been submitted to subdivide the parcel into two parcels for conveyance purposes; one parcel would contain the retail building and the other would include the service station and carwash (Attachment C). The development would be subdivided as follows' Parcel No. Parcel 1 Parcel 2 Gross Area (Acres) 0.5702 1.0496 Required Parking 4,773/200 -- 24 Retail 1,236/200 - 6 Carwash = 15 Service Station = 3 Total- 24 Provided Parking 29 24 Use Retail Building Carwash/Service Station Each parcel of the proposed subdivision would meet the development standards of the Central Commercial and Parking Overlay zoning district, including the minimum site area, lot width, setbacks, number of parking spaces, and driveway widths. However, the two parcels would share a common trash enclosure and maintain reciprocal ingress, egress, and parking. To ensure this reciprocity and continuous maintenance of the common areas, a covenant of easement with maintenance provisions would be required by Condition 2.1. In addition, other conditions of approval are included in Resolution No. 3840 to ensure compliance with the Subdivision Map Act and the City of Tustin Subdivision Ordinance and Manual prior to recordation. Minoo Ashabi ~ Associate Planner Karen Peterson Senior Planner Attachments: A. Location Map B. Previous Approvals (Resolution Nos. 3534 and 97-115) C. Tentative Parcel Map 2002-106 D. Resolution No. 3840 S:\Cdd\PCREPORT~TPM 2002-106,doc ATTACHMENT A Location Map LOCATION MAP PROJECT NO. ADDRESS 535 E. Main Street TPM 2002-106 MAP LEOENO 11o 12o s[col~ sm£rT _ Ii 550 - 54 MAIN SPOON'S Project Site 498 $oo 508 41' I. ATTACHMENT B Previous Approvals (Resolution Nos. 3534 and 97-115) 10 11 12 13 14 15 16 17 18 ~9 201 21 22 23 24 25 26 27 28 RESOLUTION NO. 97 115 A RESOLUTION OF THE CITY COUNCIL OF TME CITY OF "TUSTIN, UPHOLDING THE pLANNING COMMISSION'S ACTION TO APPROVE CONDITIONAL USE PERMIT 97- 005'AND DESIGN REVIEW 97 009, AUTHORIZING THE ESTABLISHMENT OF A 24-HOUR SELF-SERVE GASOLINE STATION, A FULL- SERVICE CARWASH, A 750 SQUARE FOOT 24-~OUR .CONVENIENCE STORE-, AND A 5,500~ SQUARE FOOT RETAIL BUILDING AT 535 EAST MAIN STREET. · The city council does hereby resolve as follows- I.. The city Council~ finds and 'determines as follows- .. A. That~ proper appliCation for-Tentative Parcel -Map'97-117, Conditional Use Permit 97-005.and Design Review 97--009 was filed by Gte9 Bennett Architects on behalf of the property owners to request aUthorization for the establishment of a 24-hour self-serve 9asoline station, a full- service carwash, a '750 square foot 2-4 -hour convenience store, and 'a 5,500 square foot. retail building..at 535 East Main Street, more specifically described as Assessor' s Parcel No. 401-612-03. B. That a public hearin9 was duly called, noticed and held- on Said application on ~August 11', 1997 and continued to September 22, 1997 and subsequently 'renoticed for hearin9 on November 10, 1997. by the Plannin9 Commission. The Plannin9 Commission .adopted Resolution No. 3534 approvin9 Conditionai Use Permit 97-014 and Design Review 97-023. C. That' on November 17, 1997, the City Council appealed the Plannin9 Commission's action, on this project. D. That a public hearin9 was. duly called, noticed and held fOr Said appeal on December .1, 1997' by the City Council. E. That the proposed use is allowed within the C2-P Central Commercial - Parkin9 Overlay District, with the approval of a Conditional Use Permit. F. The subject ~ property is located within the Town Center Redevelopment Project Area. . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. Page ~2 97-115 Pursuant to City Code Section 9299b, the Zonin~ Administrator fOrwarded act ion on Design Review 97-009 to the Plannin9 Commission for consideration. .As 'conditioned, the Subject project found consistent with the Town Redevelopment project Area Plan. has been Center ,. That the establishment, maintenance .and operation of the uses applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or ~eneral - welfare of the'.persons 'residin9 or workin9 in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements 'in the neighborhood of the subject property, or to the 9eneral welfare of the City of Tustin, as evidenced by 'the followin9 f indin~s: 1) AS conditioned,. the proposed use can be accommodated on the subject property, providin9 for parking, landscaping, on- site Circulation and queue length. 2) As cOndi t i°ned, · the use wi 11 not negatively affect surroundin~ properties in that the site design includes screen walls, ~o.berms, landscapin9 and architec- tural enhancements that minimize the visual and .aesthetic impacts of the pump island and vehicles stopped for refueling. .~3 ) As conditioned, the use will be compatible with the surrounding, uses, in that the Newport Avenue frontage includes landscaping, berms and a screen wall and the Structures on-site include architec- tural details that strengthen the'Newport Avenue theme and improve the 9ateway to the Old Town area of Tustin. I · Pursuant to Section 9272 of the Tustin Municipal Code, the City Council finds that the. location, size, architectural features and 9eneral appearance of Design Review 97-009' as conditioned, will not impair the orderly and harmonious, development of the area,, the · 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Resolution No. Pa~e 3 97-115 present or future develoPment therein, occupancy .as a whole. In makin~ findings, the council has considered at the followin~ items- or the such least I · Height, bulk and area of buildings. · Setbacks and site planning. 3. Exterior materials and colors. · Type and pitch of roofS. 5. of windows,, doors and · Size and spacin9 other openings. Towers, flagpoles, chimneys', roof structures, radio and television antennae. 7. ~ area design and Lands c ap in9, park in9 traffic circul~ation. 8. LoCation, height and standards of exterior illumination. · Locati°n and. appearance of equipment located outside of 'an enclosed structure. 10. Location and method of refuse storage. 11. 12. 13. Physical relationship of proposed structures to existin9 structures in the nei~hb0rhood. Appearance and 'design relationship of proposed structures to existin9 Structures and possible future structureS in the neighborhood and public thoroughfares. Proposed signage. J· 14. Development Guidelines and criteria as adopted by the City Council. That the strict adherence to all design criteria' of the adopted Service Station Development Guidelines Cannot be satisfied due to the irregular, shape and angles of. this site. .Al.though the site. does not include the "reverse. design" (pUmps .at the rear, 10 11 12 Ill3 14 15 16 17 18 19 20 21 22 23 · 24 25 26 27 28 Resolution No. 97-115 Pa~e 4 buildings, at the front) .the screen walls, berms, .landscapin~ and architectural details provide amenities to ensure that the project is visually acceptable from .the public right- of-way. In addition, although the. service bays partially face onto the street, screenin9 is provided. A Negative. Declaration. has been prepared, and certified fOr this pro.ject in accordance with the provisions of the CalifOrnia Environmental Quality Act (CEQA). L. That the .project has been reviewed for consistency with the Air Quality Sub-element of the City .of Tustin General Plan and has been'determined to be consistent with .the Air Quality Sub-element. 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 ri~ht-of-way at the corner' and all radius type driveways are necessary for compliance with the requirements of ADA. .II. The City Council hereby upholds the Plannin~ Commission approval' of Conditional. Use Permit 97- 005 and Design..Review 97-'009 to authorize the establishment of a 24-hour self-serve .gasoline · station, a full Service carwash,, a 750 square foot, 24-hour convenience store', and a 5,500 square foot retail buildin9 at 535 East Main Street, subject to the conditions contained in Exhibit A of Plannin9 Commission Resolution No. 3534, incorporated herein bY reference. PASSED AND ADopTED at' a regular meetin9 of the Tustin City Council held on the 1st day of December, 1997. ~ ~ame~ia Stoker f~ Cl.erk ' Mayor . 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 Resolution No. 97-115 Pa~e 5 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF. TUSTIN SS CERTIFICATION FOR RESOLUTION NO. 97-115 PAMELA STOKER, City Clerk and ex-officio Clerk of the City CoUncil of the City of Tustin, California, does · hereby certify that the whole number of the members of the City Council of the City of Tustin .is 5; that the above and foregoing Resolution.No. 97-115 was duly' and regularly introduced, passed, and adopted at a regular meeting of the Tustin City' Council, held on the 1st day of December, 1997. COUNCILMEMBER AYES: COLrNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT-. THOMAS, SALTARELLI, DOYLE, pOTTS, WORLE~ NONE. NONE .NONE " ' S.~6KER ...... ~~lerk 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27¸ 28 RESOLUTION NO. 3534. A RESOLUTION OF THE PLANNING COMMISSION OF .THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 97-005 AND DESIGN REVIEW 97-009, AUTHORIZING THE ESTABLISHMENT OF A 24-HOUR SELF-SERVE GASOLINE STATION, A FULL-SERVICE CARWASH, A 750 SQUARE FOOT 24 -HOUR CONVENIENCE STORE, AND A 5,500 SQUARE FOOT RETAIL BUILDING AT 535 EAST MAIN STREET. The Planning Commission does hereby resolve as follows- I. The' plannin~ Commission finds and determines as follows · A. That a proper application for Tentative Parcel . Map 97-117, Conditional Use Permit 97-005 and Design Review 97-009 was filed by Gre~ Bennett Architects on behalf of the property owners to request authorization for the establishment of a 24-.hour self-serve gasoline station, a full- service carwash, a 750 square foot 24-hour convenience store, and a 5,500 square foot retail building at 535 East Main Street, more specifically described as Assessor's Parcel No. 401-612-03. B. That the proposed use is allowed within the C2-P. Central Commercial - Parking Overlay District, with the approval of a Conditional Use Permit. C. The subject property is located within the Town Center Redevelopment Project Area. Pursuant to City Code Section 9299b, the Zoning Administrator has forwarded action on Design Review 97-009 to the Plannin~ Commission for consideration. D. As conditioned, the subject project has been found consistent with the Town Center Redevelopment Project Area Plan. E. That a public hearin~ was duly called, noticed and held on said application on .August 11, 1997 and continued to September 22, 1997 and subsequently renoticed for hearing on November 10, 1997 by the Planning Commission. 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. Pa~e 2 3534 F · That the establishment, maintenance and operation of the uses applied for ~will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property-, or to the general welfare of the City of Tustin, as evidenced by · the following findings · i) 2) As conditioned, the proposed use can be accommodated on the subject property, providing for parking, landscaping, on- site circulation and queue length. As conditioned, the use will not negatively affect surrounding properties in that the site design includes screen walls, berms, landscaping and architec- tural enhancements that minimize the visual and aesthetic impacts of the pump island and vehicles stopped for refueling. 3) As conditioned, the use will be compatible with the surrounding uses, in that the Newport Avenue frontage includes landscaping, berms and a screen wall and~ the structures on-site include architec- tural details that strengthen the Newport Avenue theme and improve the gateway to the Old Town area of Tustin. Pursuant Municipal Code, the Commission finds that location, size, architectural features general appearance of Design Review 97-009, conditioned, will not impair the orderly harmonious development of the area, present or future development therein, or occupancy findings, least the to Section 9272 of the Tustin the and as and the the as a whole. In making such the Commission has considered at following items- 1. Height, bulk and area of buildings. 2. Setbacks and site planning. l0 11 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 Resolution No. Pa~e 3 3534 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of other openings. 6 . Towers, flagpoles, windows, doors and chimneys, roof structures, radio and television antennae. 7. LandscaPing, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. · Location and appearance of equipment located outside of an enclosed structure. 10. 11. Location and method of refuse storage. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares .. 13. Proposed signage. 14. Development Guidelines and criteria as adopted by the City Council. He That the strict adherence to all design criteria of the adopted Service Station Development Guidelines cannot be satisfied due to the irregular shape and angles of this site. Although the site does not include the "reverse design" (pumps at the rear, buildings, at the front) the screen walls, berms, landscaping and architectural details provide amenities to ensure that the project is visually acceptable from the public right- of-way. In addition, although the service bays partially face onto the street, screening is provided. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3534 Page 4 I. A Negative Decl.aration has been prepared and · certified' for this project in accordance with the provisions of the California Environmental Quality Act (CEQA) . J. That the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. K. 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 approves Conditional Use Permit. 97-005. and' Design Review 97-009 to authorize the establishment of a 24-hour self-serve gasoline station, a full-service carwash, a 750 square foot, 24-hour convenience store, and a 5,500 square foot retail building at 535 East Main Street, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 10th day of November, 1997. ELIZABETH A. BINSACK Planning Commission Secretary Chairman Pro Tem 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3534 Pa~e 5 STATE OF cALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN · ) I, ELIZABETH A. BINSACK, the' undersigned, hereby certify that I' am the Plannin~ Commission Secretary of the City of Tustin, California; that Resolution No. 3534 was duly passed and adopted at a regular meetin~ of the Tustin Plannin~ Commission, held on the 10th day of November, 1997. · ELIZABETH A. BINSACK Plannin~ Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 97-'005 AND DE S I GN REVIEW 97 - 009 CONDITIONS OF APPROVAL RESOLUTION NO. 3 534 GENERAL (1) 1.1 The proposed prOject shall substantially conform with the submitted plans for.the project date stamped November 10, 1997 on file with the Community Development Department, as herein modified, or unless otherwise indicated, 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 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twenty four (24) months of the date of this Exhibit. Time' extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of CUP 97-005 and DR 97-009 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) 1.5 The applicant Shall hold harmless and defend the City of Tustin from all claims and liabilities arisin~ out of a challenge of the City's approval of this project. *** 1.6 The 5,500 square foot retail building shall be constructed in the first phase of development. Building permits and construction of said retail building shall occur prior to or concurrently with permits for the gasoline station/carwash use. Certificate of Occupancy for the retail building shall be issued prior to or concurrently with the Certificate.of Occupancy for the carwash or gasoline station. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Resolution No. Pa~e 2 3534 PLAN SUBMITTAL At building plan check, submit four (4) sets of plans, two sets of soils reports, structural and energy calculations, specifications and acoustical report. Electrical, mechanical and plumbing plans shall be included. Each building .requires a separate building permit. Grading plans, underground tank removal/installation plans and signage plans shall be submitted separately. (i) 2.2 All grading, drainage, vegetation and circulation shall 'comply with the City of Tustin Grading Manual. Ail street sections, curbs, gutters, sidewalks, lighting and storm drains shall comply with on-site improvement standards. Any deviations shall be brought to the attention of the Building Official and request for approval shall be submitted in writing prior to any approval. (i) 2.3 The building shall comply in all respects with Building Code, other related codes, City 'Ordinances, state and federal laws and regulations. the and (3) 2.4 Mechanical ventilation shall be provided based on the number of occupants. (3) 2.5 Provide complete details for accessible paths of travel throughout the site, including pedestrian circulation from public right-of-way to the buildings and throughout the new structures. The tenant space, parking spaces, entrances to the building, path of travel from the parking area to the building, and sanitary facilities shall be accessible to persons with disabilities. (2) 2.6 The applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall identify- the structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of' long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s), of structural BMPs. The BMPs shall include the following- Exhibit A~ Resolution No. 3534 Pa~e 3 A) Wash racks to be constructed in accordance with the Orange· County Sanitation District Guidelines and· subject to final review and approval of the District. B) Ail areas used. for fuel dispensin~ to be paved with concrete. All motor fuel dispensin~ areas to have a canopy structure for weather protection extendin~ over the concrete pad. C) The fUel dispensing area to be Graded and constructed so as to prevent drainage flow either through or from the area. The area shall drain to an under~round clarifier/sump/tank equipped with a shut-off valve that can stop the further drainin9 of storm water or spilled materials from the fuel dispensin~ area into the street or storm drain system. D) A Spill Contingency Plan shall be prepared which requires immediate clean-up of any fuel spills and provides fOr notification of responsible a~encies, disposal of cleanup materials and documentation. (4) 2.7 The site will be designed so that all parkin9 area surface run-off is directed to and picked up by the storm drain system. (4) 2.8 The use of water conservin9 plumbin9 fixtures throughout the buildings should be considered by the applicant. (5) 2.9 The applicant shall submit Tank Removal Plans to the Orange County Health Care A~ency and shall satisfy all Tank Removal Guidelines. If corrective action to address any subsurface contamination is required by the Health Care A~ency which requires modification to approved plans, then revised plans shall be reviewed and approved by the Community Development'Department. (5) 2.10 Prior to submittal to Buildin9 Plancheck, the plans shall be designed to provide that all drive approaches meet current federal ADA requirements. (5) 2.11 Complete the hazardous material questionnaire and the air quality questionnaire and submit to Building Division and the proper a~encies. If the answer to any of the questions is "yes", clearances from the Hazardous Material Disclosure Office and from the Air Quality ManaGement District shall be submitted to the Building Division prior to approval. Exhibit A Resolution No. 3534 Pa~e 4 (5) 2'12 Under~round tank removal or installation will require Health Department, Fire Authority, Air Quality/Water Quality A~ency and 'CAL OSHA clearances prior to issuance of a buildin~ permit. (5) 2.13 Trash enclosures shall comply With Great Western Reclamation and City of Tustin standards. Separate trash enclosures are required of each parcel, or provide covenants for shared use. (2) 2.14 Drainage from new areas shall be collected and drained to the existing storm drain system' New plumbin~ fixtures and carwash drains shall be connected to existin~ sewer systems. Capacity of existin~ utility systems shall be calculated and identified on the plans. (5) 2.15 The existin~ reciprocal access easement between the subject property and~ the adjacent property to the north (Larwin Square) shall be identified on the site plan and shall be revised as appropriate, consistent with the proposed driveway improvements, subject to review and approval, of the City Engineer. Any chan~es to the existin~ 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 buildin~ permits, whichever occurs first. (5) 2.16 Prior to issuance of any buildin~ or ~radin~ permits, the applicant shall submit two (2) copies of the Notice of Intent for the NPDES industrial/commercial ~eneral permit, as submitted to' the State of California Water Resources Control Board (one copy to Community Development Department/Buildin~ Division and one to the Public Works Department/En~ineerin~ Division). SIGNS (4) 3.1 Prior to issuance of a Certificate of Occupancy, a Master Si~n Plan shall be submitted and approved by the Community Development Department. Complete si~n plans shall be submitted which address all proposed wall, directional, and address signs. The si~n plans shall include dimensions, materials, colors, and method of illumination. The design, size, location, installation and maintenance of'said signs shall be in compliance with the Tustin Si~n Code. Exhibit A Resolution No. 3534 Pa~e 5 SITE A/TD BUILDING CON/)ITIONS , , (4) 4.1 Provide exact details for exterior doors and window types on construction plans. (4) 4.2 Ail mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be considered as an element of the overall design of the project and shall either blend with the architectural design of the buildin~ or be integrated into the landscape design. A dense type of landscapin~ could be utilized for screening.. (1) 4.3 Ail final colors and materials to be' used shall be subject to review and approval by the Community Development Department. Ail exterior treatments shall be coordinated with re~ard to color, materials and detailin~ and clearly noted on submitted construction plans and elevations. (4) 4.4 prOvide plans and details of all proposed lighting fixtures and a photometric study showing the location and anticipated distribution pattern of light of all proposed fixtures. The fixtures proposed shall be modified to be more decorative in design and consistent with the architecture of the building. Wall mounted fixtures shall be directed at a 90 degree angle directly toward the ground. Ail lighting shall be developed to provide a minimum of one (1) footcandle of light coverage, in accordance.with the City's Security Code. (4) 4.5 Ail exposed metal flashin~ or trim shall be painted to match the building. (1) 4.6 Note on final plans.that a six-foot-hi~h chain link fence shall be installed around· the site prior to buildin~ construction sta~es. Gated entrances shall be permitted alon~ the perimeter of the site for construction vehicles. (1)~ 4.7 Exterior elevations of the building shall indicate any (4) fixtures or equipment to be located on the roof of the building and equipment heights. The building parapet shall be an integral part of the building design, and shall screen all roof mounted equipment. Ail roof- mounted equipment and vents shall be a minimum of six inches below the top of the parapet. (4) 4.8 Ail roof access shall be provided from the inside of the building. Exhibit ~A Resolution No. 3534 Page 6 (4) 4.9 No exterior downspouts shall be permitted; all roof drainage shall utilize interior piping, but may have exterior outlets at base of building. (4). 4.10 Six (6) inch continuous concrete curbing shall be used' through the parking lot, landscaped areas and adjacent to sidewalks, except where required ' to satisfy handicap access requirements. (4) 4.11 Roof scuppers shall, be inst'alled with a special lip device so that overflow drainage will not stain the walls. (4) 4.12 Indicate the location of all exterior mechanical equipment. Gas and electric meters shall either be enclosed within the building or boxed behind a screen wall designed to be consistent with the main building. (4) 4.13 Outdoor storage and automotive repair is prohibited. A note prohibiting such activities shall be added to the final plans. (4) 4.14 Construction or replacement of all missing or damaged public improvements adjacent to this development will be required. A separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, ~will be required. Said plan shall show all existing public improvements along with all new construction to include, but not be limited to the following- a) Curb and gutter b) Sidewalk/curb ramps c) Drive aprons (meeting current. Federal ADA requirements) d) Underground utility connections e) Signing and striping f) Signing and striping of Class I Bikeway on Newport Avenue In addition, a 24" x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation will be required. (4) 4.15 A grading plan will be required based on the Orange County Surveyor's bench mark datum. (4) 4.16 Additional street right-of-way is required at the corner of Main Street and Centennial Way in the form of a corner cut-off. This shall be adequate for the construction of a new handicap ramp per City Standard No. 124. Additional street right-of-way is also required at the radius type drive aprons per City Standard No. 108E. Exhibit A Resolution No. '3534 Page 7 A legal description and sketch of the dedication area, as prepared by a California Re~l'istered Civil En~t'ineer or Licensed Land Surveyor shall be provided, alon~ with a copy of the vestin~ on the property. (4) 4.17 The Newport Avenue driveways shall be restricted to right turn in/out access. Written approval from the adjacent property owner (Larwin Square) is required for' the reconst'ruction of the common drive apron on newport Avenue. (4) 4.18 Sight distances at each access driveway' shall be reviewed for compliance with Orange County EMA Standard Plan 1117, when landscapin~ and improvement plans are prepared. (4) 4.19 On-street parking, shall continue to be Prohibited · adjacent to the project site on Newport Avenue, Centennial Way and Main Street. (4) 4.20 The applicant shall submit a Courtyard Plan identifying the location and size of all tables, chairs, benches and other amenities for review and approval by the Community Development Department prior to issuance of any permits. (4) 4.21 The decorative doors proposed on the detail garage and carwash tunnel entrance and exit shall be a sectional roll-up type with a decorative design, consistent with the architecture of the project, subject to the approval of the Community Development Department.. (4) 4.22 A note shall be added to the plans that the inside of~the carwash tunnel and the support beams shall be painted to match the exterior walls. (4) 4.23 A decorative cap on the top of the wing walls proposed at the car wash tunnel shall be of a decorative design, consistent with the architecture of the project, subject to the approval of the Community Development Department. (4) 4.24 The decorative_ cornice at the building roof eaves shall have a minimum of 12-inches vertical height and 12-inches horizontal width, and are subject to the approval' of the Community Development Department. (1) 4.25 The site plan shall be modified to show the dimension of the driveway on Centennial Way, to be reviewed and approved by the Public Works Department. (4) 4.26 The design and location of air hoses in the drying area shall be subject to the review and approval of the Community Development 'Department. Exhibit A Resolution No. 3534 Pa~e 8 (4) 4.27 The canopy over the carwash ~as pumps shall be reduced in height and redesigned to have a pitched roof, consistent with the design of the detail. ~ara~e and convenience store, · subject to the approval of the Community Development Department. The precise location .and design of the vacumes and other carwash equipment proposed under the canopy shall be subject to the review and approval of ~. the Community Development Department. LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (1) 5.1' The applicant shall submit for plan check complete detailed lahdscapin~ and irrigation plans for all landscapin~ areas consistent with adopted City of Tustin Landscapin~ and Irri~ation Submittal Requirements and consistent with the l'andscapin~ concept plan. Said plans shall be consistent with the existin~ landscape palette for the center. The applicant shall provide a summary table applying indexing identification to plant materials in their actual location. The plant table shall list botanical and common names, sizes, spacing, actual location and quantity of the plant materials proposed. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices (screened from view from right-of-way and on-site by shrubs), pipe size, sprinkler type,~ spacing and coverage. Details for all equipment shall be provided. The plans shall show all property lines on the landscaping and irrigation plan, public right-of-way .areas, sidewalk widths, parkway areas, existing landscaping and walls and proposed new wall locations. The Department of Community Development may request minor substitutions of plant materials or request additional sizing or quantity. Note on plans that adequacy of coverage of landscaping and irrigation materials is subject to field inspection at project completion by the Department Of Community Development. (7) 5.2 The submitted landscaping plans at plan check shall reflect the following requirements- A. Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum of 8 feet on center when intended as screen planting. B. Ground cover shall be planted between 8 to 12 inches on center. C. When 1 gallon plant sizes are used, the spacing may vary according to materials used. Exhibit A Resolution No. 3534 Pa~e 9 D. Ail plant materials shall be installed in a healthy, vigorous condition typical to the species. and landscapin~ must be maintained in a neat and healthy condition. This will include but not be limited to trimming, mowing, weeding, removal of litter, fertilizing, regular watering, or replacement of diseased or dead plants. (4) 5.3 Ail vehicle headlight ~lare from all parkin~ areas, ~asoline pumps and dryin~ areas shall be adequately screened from view. Plans and sections shall be provided to demonstrate adequate screening, subject to review and approval of the Community Development Department durin~ buildin~ plan check. · (4) 5.4 Hibiscus shrubs shall be provided in front of the carwash dryin~ area screen wall, between the trees, and shall be maintained to the height of the wall. (2) 5.5 Vertical ~rowin~ shrubs shall be planted on the eaSt side of the screen wall in front of the ~asoline canopy in naturalized ~roupin~s, and shall be allowed to grow to the height of the wall. *** 5.6 The shrubs along Newport Avenue shall be 'maintained to a height of 6-feet above the Newport Avenue top of curb, as indicated on the plans. *** 5.7 The landscaped area in front of the sound walls at the tunnel shall be a minimum 5-feet in width and planted with tall shrubs, vines or small trees. NOISE (5) 6.1 Ail construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9-00 a.m. and 5-00 p.m. on Saturday, unless otherwise determined by the Building Official. (5) 6.2 Ail uses and operations on the site shall comply with the City's Noise Ordinance. Outside public address speakers, telephone bells, car horns, buzzers and similar devices which are audible on adjoining properties are prohibited. Non-compliance with this restriction may be grounds for City initiation of revocation of the use permit. Exhibit A Resolution No. 3534 Pa~e 10 (5) 6.3 Prior to issuance of a Certificate of OccupanCy, the Bu~ldln~ Official may require that field testin~ be performed to demonstrate compliance with noise attenuat ion .standards. (5) 6.4 Construction hours shall be clearly posted on the project site to the satisfaction of the Buildin~ Official. (2) 6.5 The dryer blower motors and fans shall be remotely located in the equipment room. This reduces the typical dryer noise level's by about 10 dBA. (2) 6.6 The vacuum equipment shall be housed in the equipment room. (2) 6.7 The equipment room must be acoustically insulated, includin~ access door assemblies rated at least STC 35. Equipment room ventin~ should open onto the interior of' the wash tunnel, and must use Model "R" Noishield acoustical louvers available from Industrial Acoustics Company or equivalent, as required'by the October 9, 1997 Acoustical Analysis. (2) 6..8 Specify the quietest possible air nozzles for the hand dryin~ area. (2) 6.9 Any air tools used in the detail ~ara~e shall be rated to produce levels no hi~her than~ 89 dBA at one meter three feet (3') under full load. .(2 ) 6.10· Ail exterior mechanical equipment, includin~ air conditioners, ice makers, exhaust fans, refrigeration, condensers, etc. shall have a'.Sound Ratin~ of 8.5 Bels or less, or a level of 50 dBA at 50 feet or less. ( 2 ) 6.11' Compressors, blowers, pumps and other mechanical equipment that does not require exterior locations for heat exchange purposes shall be located in enclosed windowless rooms with acoustically sealed doors. (2) 6.12 Maintenance, ch'an~in~ of fluids, installation of parts, removal of parts, testing, tuning, and similar operations on any vehicle is prohibited. (2) 6.13 The site shall be posted at a speed limit not to exceed 10 mph. Exhibit A Resolution No. 3534 Page 11 FIRE AUTHORITY (5) 7.1 Prior to the issuance .of any building permits, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether public or private. If the system is' private, the system shall be reviewed and approved by the Fire Chief prior to issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system in a manner meeting the approval of the Fire Chief. (5) 7.2 Prior to the recordation of a Subdivision map, the applicant shall obtain approval of the Fire Chief of all fire pro~ection access easements and shall dedicate them to the City. The CC&R's shall contain provisions which prohibit obstructions within the fire protection access easement. The approval of the Fire Chief is required fo'r any modifications such as speed bumps, control gates or other changes within said easement. (5) 7.3 Prior to the issuance of any grading permits, the applicant shall submit and obtain approval of preliminary plans for all streets and courts, public or private, from the Fire Chief in consultation with the Manager, Traffic Engineering. The plans shall include the plan view, sectional view, and indicate the width of the street or court, measured flow line to flow line. All proposed fire apparatus turnarounds shall be clearly marked when a dead-end street exceeds 150 feet or when other conditions require it. (5) 7.~4 Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for improvement Plans with fire lanes shown. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stoke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. Prior to the issuance of the Certificate of Use and Occupancy, the approved fire lane marking plan shall be installed. The CC&R's shall contain a fire lane map and provisions which prohibit parking in the fire lanes. A method of enforcement shall be included. (5) 7.5 Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible materials, liquids or ~ases. These liquids and materials are to be classified accordin~ to the "Orange County Fire Authority Chemical Classification Handout". The submittal shall Exhibit A Resolution No. 3534 Pa~e 12 provide a summary sheet listin~ each hazard class, the total quantity of chemicals stored per class and the total quantity of chemicals used in that class. All forms of material are to be converted to units of measure in pounds, ~allons and cubic feet. (5) 7.6 Prior to the issuance of any building permits for combustible construction, the developer shall submit and obtain the Fire Chief's approval of a letter and plan statin~ that water for fire fi~htin~ purposes and an all weather fire access road shall be in place and operational as required by the Uniform Fire Code before any combustible materials are placed on the site. (5) 7.7 Prior to the issuance of any.buildin~ permits an Orange County Fire Authority Water Availability form shall be submitted to and approved by the Plan Review Section for the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extin~uishin~ system shall be installed in each structure in a manner meetin~ the approval of the Fire. Chief. (5) 7.8 Prior to the issuance of any buildin~ permits, the applicant shall contact the Orange County Fire Authority Hazardous Materials Disclosure Office at (714) 744-0463 to obtain a "Hazardous Materials Business Information and Chemical Inventory Packet". This shall be completed and submitted to the Fire Chief before the issuance of any buildin~ permits. (5) 7.9 Prior to the issuance of any buildin~ permits, the applicant shall submit plans for review and approval of the Fire Chief. The applicant shall include information. on 'the plans required by the Fire Chief. Contact the Orange .County Fire Authority Plans Review Section at (714) 744-00403 for- the Fire Safety Architectural Notes to be placed on the plans. (5) 7.10 Prior to the issuance of any Certificates of Occupancy, all fire hydrants'shall have a "Blue Reflective Pavement Marker" indicatin~ its location on-the street or drive Per the Orange County Fire Authority Standard and approved by the Fire Chief. On private property, these markers are to be maintained in ~ood condition by the property owner. (5) 7.11 Prior to the installation of any above ~round/under~round tanks and/or dispensin~ equipment, plans shall be submitted to the Fire Chief for review and approval. Exhibit A Resolution No. 3534 Pa~e 13 , USE RESTRICTIONS , ,, (1) 8.1 The owners shall be re.sponsible for the daily maintenance and up-keep of the facility,'includin~ but not limited to trash removal, painting, ~raffiti removal and maintenance of improvements to ensure that the facilities are maintained in a neat and attractive manner. All ~raffiti shall be removed within 72 hours of a complaint bein~ transmitted .by the City to the property owner. Failure to maintain said structures and adjacent facilities will be ~rounds for City enforcement of its Property Maintenance Ordinance, includin~ nuisance abatement procedures. (5) 8.2 The carwash is. limited to operate between the hours of 7-'30 a.m. and 8-'00 p,m. When closed for operation, the. doors to the carwash tunnel shall be shut and the doors to the detail garage closed. (3) 8.3 Ail building locking devices added-to the premises shall meet those requirements as Set forth in the Building Security Code. (2) 8.4 The drying and detailing of vehicles shall be confined to the areas designated on the plan. No vehicles shall be detailed outside of the detail building and no vehicles shall be dried outside the designated drying area. (4) 8.5 Storage of any vehicles on site is prohibited. (4) 8.6 Automotive repair is prohibited. FEEs (1) 9.1 Prior to issuance of any bdilding permits, payment shall (5) be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. . A. Building plancheck and permit fees t° the Community Development Department based on the most current schedule. B. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. C. New development fees in the amount of $ 0.10 per square foot of floor area to the Community Development Department. Exhibit A Resolution No. 3534 Page 14 D. Transportation system Improvement Program (TSIP), Benefit Area "A" fees in the amount of .$5.53 per square foot of new square floor area of construction or improvements to the Community Development Department. E. Major thoroughfare and bridge fees in the amount of $2.96 Per square foot- of buildi~;g area to the Tustin Public Works. Department. F. Payment of any applicable East Orange County Water District fees will be required. G. Payment of the Orange County Sanitation District No. 7 sewer connection fees will be required. (1) 9.2 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 COUArfY CLERK in the amount of $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered, to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be signifi~cantly lengthened. ATTACHMENT C Tentative Parcel Map 2002-106 ,, , I HSVM OLiIV IIILSiiL ~.. :mad · d 44 dVN'laOWd aALLV. LNaJ,~' ~ II i,I , ,, [ %\ · · · · 0 SHEET I,OF ~ ALL TENTATIVE P&RCEL MAP 2002-106 BLOCK MODULE 5752 63 L62 ACI~$ DATE OF S~VEY ~LY ~OOO 2 P~S PARCEL MAP NO. 2002-106 IN THE CITY OF TUSTIN, COUNTY ORANGE STATE OF CALIFORNIA BEING A CONSOLIDATION OF LOTS 1,2.3,4,8,9,10, AND PORTION OF ABANDONED 3rd STREET, IN BLOCK F OF YORBRA'S SUBDIVISION OF BLOCK'S 32,35, AND PART OF BLOCK 31, IN THE CITY OF TUSTIN , AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGE 10 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. i i'"~ii i ACCEPTED ANO FILEO AT REQUEST OF' DATE: 1lUBE ~ FEE: INSTRUMENT NO. BOOK ~ PAGE DARLENE d. BLOOM COUNTY CLERK-REcORoER BY DEPU 17 CAM ENGINEERING CO. JULY 2000 CARL A MASTRO RCE 2715G OWNER CERTIFICATE WE THE UNDERSIGNED, BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND COVERED BY THIS SAID MAP, DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF SAID MAP, AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. TITLE TO ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: HOWARD FARRAND OWNER FARRAND ENTERPRISES INC., A CALIFORNIA CORPORATION JIM FARRAND HOWARD FARRAND PRESIDENT SECRETARY RAMESH BAJARIA AND REKHA BAJARIA REVOCABLE TRUST DATED MAY 5, 2000 NOTARY ACKNOWLEDGEMENT CERTIFICATION STATE OF CAUFORN[A ) ) SS COUNTY OF ) On ~ls .. . before me .... personalq~p~a-'~/~' ~ ~ ~ personally ~nown t6 me 1o/' pr~ved to me on the _basis of satlsfactor~ evlclence) to De the person~s} whose namel$} Is~are Subscribed tO ~e within Instrument and acknowledge0 to me t~at he/she/Hey executed the same In hls/her/t~elr auU~orlzed ca0acltv(les), and that bv hls/her/t~elr signaturets) on the Instrument the persontsL or the enUty upon behalf of whlcl~ the personts) acted, executed the Instrument_ WITNESS my hand: Signature My Principal Place of Business Is Notary Public In an0 for said S~ate In ~County. My Commission expires U~ame Prln[ea) NOTARY ACKNOWLEDGEMENT CERTIFIATIDN STATE OF CALIFORNIA ) ORANGE COUNTY ON THIS DAY , BEFORE ME, PERSONALLY APPEARED PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT ANI) ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES AND THAT THEIR SIGNATURES 0N THE INSTRUMENT THE PERSONS, O~ THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECLrFED THE INSTRUMENT. WITNESS my hand: signature Notary Public In and for said SLate My PrlnclpaJ Place of Business Is In __ councy. My Commission expires NOTARY ACKNOWLEDGEMENT CERTIFICATION STATE OF CALIFORNIA ) ) SS COUNTY OF On this before me.. personally appeare(~ . personally khown L6 me (o~ pr~)ved to me on the basis of satisfactoP/ evidence) t"--o be the person[s) whose namers) is/are subscribed to the within Instrument and acknowledged t.o me that he/she/they executed the same In hls~her/thelr aut~orlzecl capacity(les), and that by hJS/herlt~elr slgna:ureLs) on tile Instrument He person[si, or He entity upon behalf of wl~lCh Jhe persGms) ac[ecl, executed He instrumen[. WITNESS my hand: Signature My Principal Place of Business Is Notary Public In and for salcl State In County. My Commission expires (Name Prlntecl) ENGINEER'S STATEMENT' THIS HAP WAS PREP~JIED BY ME OR UNDER HY DIRECTION AND IS BASI~D UPON A FIELD SURVEY IN CONFOIU~ICE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND I~ ORDINANCE AT THE REOUBST OF RA~ESH BAJARIA MAY 2000. I HEREBY STAT~ THAT ALl. MONUNENTS ARE OF THE CHARACTER AHD OCCUPY THE POSITIONS INDICATen, OR THEY WILL BE S~T IN SUCH POSITIONS 0N OR BEFORE ; ~ THAT ~AID MONUMENTS ARE SUFFICI~;NT TO ~IKBLE THE SURVEY TO BE RETRACED I HEREBY STATE THAT THIS PARCEL MAP SUBSTAITrIAbLY CONFORI4$ TO THE APPROVED OR CONDITI'ONALI~Y APPROV~D TENTATIVE MAP, Ile ANY. %,\E,p.~..7i.-~/,# R.C.~. ~0.27XS~  RSaXS~U~TZOH DAT~ x~?~ COUNTY SURVEYOR'S STATEMI=NT; I IlEA[BT SIAl[ 114Air I NAVE [XAMIN[0 1~115 MAP AN0*HA%~ FOUND 114AT A PROVISIONS Of DIE SUBOIVISION MAP .............. LL MAPPING ~ · ~. -tin COMPUEO ~TH AHD I SAI A I ~, Iqa O a P S I[C~4NICALLY CO~REC! R£LAnV[ IO THE PARCEL MaP BOUNOA~I~ SAllSrI£O OAI[D II~S__OAY Of_ JOIIN CANAS. COUNTY Sunv[YOR COUNTY TREASURER-TAX COLLECTOR'S-CERTIFICATE SIAl[ or CALIFO~NIA~ / SS COUNrr Of ORANGE I H£R£BY CERI1F¥ 114A! ACCOROINC 1'0 THE R[COROS Or MY OfFICE THERE ARE NO LIENS ACAINS~ nib LANO COVERED BY Jills MAP OR ANY PART TH[REoIr FOR UNPAJD SIAl[. COUNTY. UUNiCiPAL OR LOCAL IAX[S OR SPEC/AL ASS[$SM[NIS COLLECTED AS 1AXES .EXCEPT TAXES OR SPECIAL A$S£$$MENIS-COLL[Cl[0 AS 1AXES N0! YE! PAYABLE. AND DO ALSO tERriFY ;o tl4( RECORDER BIr ORAHG( COUNTY nlAr nib PROVISIONS Of DIE SUBDIVISION MAP ACl IIAV[ BEEN COMPEl[0 ~1111t R(GAR01NG OEPOSII~ l0 SECUR[ 1)1[ PAYU[N! Of JAX[$ OR SPECIAL ASS[$SU[NI$ C0LL[CI[0 AS TAX($ ON THE LANO COVERED BY 1HIS MAP. 0'I[0 n,s~0A¥ Of.. 2002 L~NIY ll~r~ ~-0~[~lj~-'~-~- LA-f=H BY: ~ ~u~ mEASUa[~ - ~AX c~ct~ Cl~ ENGINEER'S STATEMENT: i tIER[BY SlA~ JHAJ I HA~ [XAMIN[O ~S MAP ~0 HA~ F~N0 I1 10 BE SUSSIANnALLY IN C~F~MANC[ ~ ~[ J[HIAn~ U~. Ir RE'IntO. AS rILED AM[NO[0 AN0 APPRO~O 8Y DIE CllY PLANNING COMMISSI~; ~A[ ALL PRO~S ~t[ SU801~SI~ dAP ACl AN0 CI~ SUB~ fl[~LA~S HA~ BEEN C~PLI[0 AN0 ~1[ MAP IS I[CHNICALCY COflR[Cl .IN ALL R[~[C~S NO~ SIAl[O BY ~[ C~N~Y S UR ~ YOR. . 0Alto ~llS~0AY ~ 2002 JIM O SERLET ' (REGIS. EXPIRES: 9/30/02) CiTY [NGIN[[R, Clrl' 'Of IgSIIN STATE OF CALIFORNIA ! / COUNTY OF ORANGE ) ss ) CITY OF TUSTIN ) I ~ ~ that this map was presented fo~ approval to the C!~/Coun~l of the City ~ Tultin al a r~:jular meeting thereof held on the day of ~, ~.~., and thai thereupon Sa~d council did, by an order duly ~ and ef~med, apgrove ~ map and did accept o~ behalf of the pubik: the d~dJc~tJtJoll fo~ mreet pu~poees of: Main Street. Centennial Way and Newport Ave. And did also accel~ on behalf of the City of Tustm. And did approve subject map pursuant to the proviaons of Section 66436(aX3)(A) of the SubdiviSion Map Act. DATED THIS DAY OF PAMELA STOKER, CITY CLERK CITY OF TUSTIN PURSUANT TO THE PROVISIONS OF SECTION ~643~ (C) (t) AND (3) OF THE SUg~VISION MAP ACT. THE FOLLOWING SIGNATURES NAVE BEEN OMITTED. ' 1. SANTA ANAl/ALLEY IRRIGATION COMPANY. HOLDER OF AN EASEMENT SHOWN ON BOOK 31. PAGE 35 OF RECORD BOOK SURVEYS: 2. SOUTHERN CALIFORNIA EDISON COMPANY. HOLDER OF AN EASEMENT RECOR[:~D , IN BOOK ?6g0,. PAGE 294 OF OFFICIAL RECORDS: 3. THE CITY OF TUSTIN. HOLDER OF AN EASEMENT RECORDED IN BOOK 1181 !. PAGE 173 OF OFFICIAL RECORDS: 4. NEWPORT-TUSTIN ASSOCIATES. HOU:~R OF AN EASEMENT RECORDED IN BOOK 124B7. PAOE 11 OF OFFICIAL RECORDS: . 5. LARWIN SQUARE TUSTIN. LLC. HOLDER OF~AN EASEMENT RECORDED AS INSTRUMENT NO 18~g01072~3 OF OFFICIAL RECORDS SHEET 2 OF 2 ALL OF T~NTeTIVE PARC. EL MAP NO. 2002:1.06 BLOCK MODULE (.~B ACRES GROSS 2 PARCELS PARCEL MAP NO.2 IN THE CITY OF TUSTIN, COUNTY ORANGE STATE OF CALIFORNIA FOR CONVEYANCE PURPOSE lOG CAM ENGINEERING CO. JULY 2000 CARL A MASTRO RCE 27156 MONUMENT LEGEND DATUM STATEMENT ~ SET L&T&G RCE 27156 CDORDINATES SHOWN HEREON ARE BASED ON THE . CALIFORNIA COORINATE SYSTEM ICC 83 ) ZONE VI. 19S3, NAD. 0 FDUND MONUMENT AS NOTED HEREON. ~: { 1991.:55 EPOCH OCS GPS ADJUSTMENTI. ,. ~ ALL DISTANCES SHOWN HEREON ARE GROUND UNLESS OTHERWISE NOTED. SETI'IP TAGGED RCE 27156 " TO OBI~IN GRID DISTANCES MULTIPLY THEGROUND DISTANCES z BY 0.99997896" r'l SET TAGRCE 27156 AS NOTED ~ AVERAGE ELEVATION ·134' 0 SET SPK & W TAG 27156 I ~ ( ) PER PARCEL MAP BK 41 PG. 3 ~ ~FD PER PM.~3-1GI A~ DOC~ENT NO 6036 G~. STATION ALL MONUMENTS ARE FLUSH ~ES~ ' ~ ~IN RECORDS ON FILE IN THE ORA~ ~OUflTY OTHERWI,( ~TED. ~~~ I ~ ASURVEYORS OFFI~. ~~ I~ // N 2218571.127 ~,~A~ '''''T FDBOLT~~41PG~ FD C ~lb P~ PM99 IGI ~.CJ. ~ A/8~/~ I~ / [ E 6083694.401 PIKe/ O/~EE ~~ .......... - ' / L t/ ,o.2.~' / [ ~~ ~ FDPKNAILPER .... FE.495 I ' ~/ 25~8' ~ AND PER PM BKIII PG36 I N e~e~ ~ ' , ~ ~ ~~ FD C MIL PER PM. 96-161 ~ ~C~E~ ~ ~ ~ ~ ,- G~. STATION,IN RECORDS ON FILE IN T~ 'P '"1,~ NOTHING FD NOTHING SET . ~ 6~' EAREME~T SAt~TA AN& VALLEY IRR~3T~C~' PI~E li~ F~R BKSI r =.3~ ['r R~C~R;~ OF ~ ~ S~VEY8 · I0' EA~MENT FOR ELECTRIC FURPOSES~K 7690 PG~94 OF OFFICIAL RECORDS. ~ / m ~ ~ ...~ ~. ,~. ,~,, ,~ ,~,~T,~ ...o.. ,~ ~:,,, .~.,, o~ o~.., .~o.e. AVENUE N~'~.~ EA~ F~ IT~. HI--AY ~ I~I~AL PAFC~Ef .K ~lt",' PG.IT: , S49'16'47'E W ~THINGFD. NOTHING SET. ~E~ ~' EA~ ~ ~1~ A~. I~~ ~. 199~107283 DF ~FICIAL RECO~e ~ ~ _ OF OFFICIAL RECORDS.PERMISSION TO BUILD TRASH ENCLOSURE OVER EDISON CO. EASEMENT F~ C NAIL ~ ~ ~ I~ 25'EASEMENT F~ I~E~GRESS SEWER &~ UTILTY DEDICATED ON THIS '~AP ...' ' ~ / ~ ~ I Il ~ .... I / ~' /~ ,,, ,~.oo. ., / . o, I J/ ~~ F~ ........ ~ ~, / / ~ I s ~---~--~~ ~ -.' ~ ~ ~ ...... ~" /./ j~ DETAIL B ./ ~ I~ : / ~' '~T~ ~L'; '~',A;./,~. /'-.~ /'/~, I ~ I ~, ' / ~, I~EwER AND UTILTY ~ ~ p/L~} / ' ,' >~-/~ / ~ . P/L I %L_i~TM : ~b~ .~o.s~os ~c ~ ] ?,~ '"~ / ~ I ' ? .... :.,// I, ll0sse' I~ . N e9'19'46~' J3~.~4'~/'I '-- N 040 .....*b'~J'' ~'!. · I 0I - ~ ' N 8~'21'40'W ' ~ ] ~ ~.00 '* ' /. ,. ' / ~ * / 12 20 ' DEDICATED TO THE ATTACHMENT D Resolution No. 3840 RESOLUTION NO. 3840 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP 2002-106 TO SUBDIVIDE AN EXISTING 1.62- ACRE PARCEL LOCATED AT 535 E. MAIN STREET INTO TVVO (2) PARCELS FOR CONVEYANCE PURPOSES. 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 No. 2002-106 was submitted by Rehka Bajaria requesting approval to subdivide a 1.62 acre parcel located at 535 E. Main Street into two (2) parcels; a 0.57 acre parcel (Parcel 1) would contain a retail building and site amenities, a 1.05 acre parcel (Parcel 2) would contain a service station/car wash building and site amenities. The subdivision is proposed for conveyance purposes; B. That a public hearing was duly called, noticed, and held for said map on August 26, 2002, by the Planning Commission; C. That the proposed subdivision is in conformance with the Tustin General Plan land use designation of Community Commercial and the Central Commercial and Parking Overlay in that these designations provide for the development of retail commercial projects; D. As conditioned, the map would be in conformance with the State Subdivision Map Act and the Tustin City Code Section 9323 (Subdivision Code); E. That the site is physically suitable for the type of development proposed; F. That the site is physically suitable for the proposed density development; of G. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. Ho That the parcel map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; and, That dedication of fire protection access easements to the City are necessary to provide sufficient fire protection and water facilities to both parcels. ReSolution No. 3840 Tentative Parcel Map 2002-106 August 26, 2002 Page 2 J, The parcel map is Categorically Exempt pursuant to Section 15315, Class 15 of Title 14, Chapter 3, of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby recommends that the City Council approve Tentative Parcel Map 2002-106 to subdivide an existing 1.62-acre parcel located at 535 E. Main Street into two (2) parcels; a 0.57-acre parcel (Parcel 1) would contain a retail building and site amenities, a 1.05 acre parcel (Parcel 2) would contain a service station/car wash building and site amenities, 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 26th day of August, 2002. ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) Chairperson I, ELIZABETH A. BINSACK, the undersigned, hereby certify that l am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3840 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 26th day of August, 2002. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A TENTATIVE PARCEL MAP 2002-106 RESOLUTION NO. 3840 CONDITIONS OF APPROVAL GENERAL 1.1 The proposed Project shall substantially conform with the submitted plans for the project date stamped August 26, 2002, on file with the Community Development Department, except 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 minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 Approval of Tentative Parcel Map 2002-106 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. 1.3 As a condition of approval of Tentative Parcel Map 2002-106, 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) 1.4 Within 24 months from tentative map approval, the subdivider shall record 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 9323 of the Tustin Municipal Code. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTION (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Tentative P~rcel M~p 2002-106- Conditions of Approval Resolution No. 3840 Page 2 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, and the City's zoning regulations. (5) 1.6 The subdivider shall be required to execute subdivision/monumentation agreements and provide improvement/monumentation bonds to the City prior to recordation of the final map. (1) 1.7 Prior to final map approval, the subdivider shall submit: A. A current title report; and, 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. CC&Rs (c) 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 the City Attorney. The applicant is responsible for costs associated with the review of these documents. A copy of the final documents shall be submitted to the Community Development Department within five (5) days after their recordation. These provisions shall include, but not be limited to, the following: Ao 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. A covenant of easement for ingress, egress, common trash enclosure shall be established. parking, and a C. Maintenance association bylaws shall be established. D. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including landscaped areas, walls and fences, driveways, walks, parking spaces, utilities, and trash enclosures shall be included. Eo Membership in the maintenance association shall be inseparable from ownership in individual lots. Fo Maintenance standards shall be provided for applicable items listed in Section D. Examples of maintenance standards are shown below: Exhibit A Tentative P~rcel M~p 2002-10G- Conditions of Approval Resolution No. 3840 Page 3 G, Ho Jo , All common area landscaping shall be properly maintained such that it is 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 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. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. . All private driveways 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. . Common areas and facilities 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 causes harm or is materially detrimental to property values or improvements within three hundred (300) feet of the property. Parking spaces, driveways, sidewalks, and other access to the site and buildings shall not be permanently or irrevocably assigned to any individual unit, tenant, or building. The minimum required number accessible parking spaces required by the Americans with Disabilities Act (ADA) shall be maintained on each of the properties. All utility services serving the site shall be installed and maintained underground. The maintenance association shall be required to file the name, address, and telephone number of at least one member of the association before January 1st of each year with the Community Development Department for the purpose of contacting the association. The maintenance association shall inform and disclose all new members of the association upon purchase or a lease agreement on limitation of use of the shared access, driveways, and all common areas and facilities. Exhibit A Tentative Parcel Map 2002-106- Conditions of Approval Resolution No. 3840 Page 4 K. Future expansions of any of the buildings would be subject to discretionary approval by the Community Development Department or Planning Commission, as applicable. Lo No amendment to alter, modify, terminate, or change the maintenance association's obligation to maintain the common areas and facilities or other CC&R provisions in which the City has an interest, as noted above, or to later modify, terminate, or change the City's right to enforce maintenance of the common areas and facilities shall be effective without prior written approval of the Community Development Department. pUBLIC WORKS DI:PARTM~NT (~) 3.~ A separate 24"x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of-way. Construction' and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited to, the following: a) Curb and Gutter f) b) Sidewalk, including curb ramps g) for the physically disabled h) c) Drive aprons I) d) Street lighting j) e) Catch basin/storm drain laterals Domestic water facilities Sanitary sewer facilities Underground utility connections Signing and striping Signing and striping of Class I Bikeway on Newport Avenue connection to existing storm drain system In addition, a 24"x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation will be required. (1) 3.2 Each parcel shall have a separate water meter and sewer lateral. Therefore, preparation of plans for and construction of: Ao All sanitary sewer facilities must be submitted as required by the City Engineer and local sewer agency. These facilities shall include a gravity flow system per the standards of Orange County Sanitation District No. 7. B. A domestic water system must be designed and installed to the standards of the City of Tustin Water Operations at the time of plan preparation. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the Exhibit A Tentative Parcel Map 2002-106- Conditions of Approval Resolution No. 3840 Page 5 applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water system shall meet the standards as required by the City of Tustin Water Operations. Applicant shall obtain approval/release from Eastern Orange County Water District prior to release of water services. (1) 3.3 Existing sewer, domestic water, reclaimed water, and storm drain service laterals shall be utilized whenever possible. 3.4 The two driveways on Newport Avenue shall maintain a maximum width of 35 feet to comply with City Standards. Additionally, all drive approaches shall meet current Federal ADA requirements. 3.5 The Newport Avenue driveway shall be restricted to right turn in/out access. Written approval from the adjacent property owner (Larwin Square) is required for the reconstruction of the common drive apron on Newport Avenue. (1) 3.6 On-street parking shall continue to be prohibited adjacent to the project site on Newport Avenue, Centennial Way, and Main Street. (1) 3.7 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, records 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 standard file format is AutoCAD Release 13 or 14 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the 'data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 14. Drawings created in AutoCAD Release 13 or Release 12 are compatible and acceptable. 3.8 Subdivider's execution of a subdivision/monumentation agreement and furnishing the improvement/monumentation bonds as required by the City Engineer shall be submitted prior to recordation of the final map. (1) 3.9 Prior to recordation of the final map, the application shall provide fire protection access easements and dedicate them to the City. The easements shall be located within unobstructed areas and clear access shall be provided at all times. (1) 3.10 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 Exhibit A Tentative Parcel Map 2002-106- Conditions of Approval Resolution No. 3840 Page 6 bonds will not be released until the "as built" CADD files have been submitted. (1) 4.1 The applicant shall submit to the City of Tustin any additional CC&R Review fee required at the time of submittal. The CC&R Review fee includes one initial check and recheck of the document. If subsequent review is required, an hourly fee of $190 per hour (or rate in effect at the time of submittal) for City Attorney and $50 per hour (or rate in effect at the time of submittal) for Planning Staff is required. (1) 4.2 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 (:;OUNTY C;LERK in the amount of forty- three dollars ($43.00) 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.