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HomeMy WebLinkAboutPC RES 1189RESOLUTION NO. 1189 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN GRANTING A CONDITIONAL USE PERMIT ON APPLI- CATION NO. C.U.P. '70-351 OF TUSTIN ELEMENTARY SCHOOL DISTRICT The Planning Commission of the City of Tustin does hereby resolve as follows: 1. The P.lanning Commission finds and determines as follows: : a) That a proper application (UP No. 70-351) was filed by the Tustin Elementary School District for a Conditional Use Permit to allow an elemen- tary and intermediate shcool faci.lit~, and school maintenance, Warehousing, and transportation facilities to be accomplished in two phases on the property described in Exhibit "A" attached hereto and incorporated herein by this reference as.though set forth herein in full. ~ b) That a public hearing was duly called, noticed and held on said application; c) That establishment, maintenance and operation of the use 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, evidenced by the following finding: d) (1) That subject uses are reflected on the Tustin Area General Plan at this loca- tion, and (2) That the design as proposed will provide a compatible combination of School District, City, and general public uses. That the establishment, maintenance and operation of the use applied for will not be injurious or detri- mental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, and should be granted. Resolution No. 1189 Page 2 e) Proposed development shall be in accordance Wi~h the development policies adopted by the City Council, Uniform Building Codes as administered by the Building Official, Fire Code as administered by the Fire Chief, and street improvement require- ments as administered by the City Engineer. f) Final development plans shall require the review and approval of the Development Preview Commission. 2. The Planning Commission hereby grants a Conditional Use Permit, as applied for, to allow an elementary and intermediate school facility, and school maintenance, warehousing, and transportation facilities, to be accomplished in two phases, subject to the following conditions, as more specifically defined by report of the City Engineer, attached as Exhibit "B": a. Right-of-way dedication and street improvements. b. Annexation to Lighting District. ' c. Relocation or reconstruction of irrigation facilities. d. Installation of drainage facilities. 3. The cost of scheduled public improvements shall be a matter of separate agreement between the School Board and City Council. PASSED AND ADOPTED at a regular meeting of the Planning Commission, held on the 9th day of November, 1970 Title to thc ,'.-title or i.tt.,c..t c,,vcrcd b)' ti,is i)ulic)· itt tim date herct)f is s'c~tcd i.: . TUSTIN SCIIOOL DISTRICT OF ORANGE COUNTY. · The land re,cfr c to in this policy is silualcd in thc Slate of Califor,ia..County of and is described as follows: O-ra. nge --All tha~ real property in the City of Tustin, County of Orange, State of California, being that portion of Lot 63, Block ll of Irvine's Subdivision, as per map thereof recorded in book 1, page 88 of Miscella- neous Record Maps, records of. said. Orange County, described as follows: Beginnin~9,a.t~ the most Easterly corner of said Lot 63, thence South 40° 02' West 720.37 feet along~ the Southeasterly line of said lot; thence North 49° 57' 01" West 150.00 feet; thence South 6~° 53' 00" West 309.42 feet to a line parallel with the Southwesterly -line of said lot, and distant Northeasterly 315.OO feet therefrom, measured at right angles, thence along said par. allel line, North 49° 59' 45" West ~51.~3 feet to the Southeasterly line of the land described in the Fin'al Orde~ of Condemnation recorded May 11, 1964, in book 7040, page 235, Official RScords, records of said Orange County; thence along said Southeasterly line, and the Northe. asterly prolongation thereof, North 40° 02' 13" East 1005.38 feet to the Northeasterly line of said lot; thence along said Northeasterly line, South 49° 59' 23" East 521.5~ feet to the point of beginning. EXCEPT that Portion described as fOllows: ... Commencing at the most Easterly corner of said Lot 63; then'ce' South. ~.0° 0~' 59" West 7~0.37 feet, along the So6theasterly line of said lot; --thence North 49° 57' Ol" West 150.00 feet; thence South 62° 53' 00" West 155~13 feet to the true point of beginning; thence continuing South 62 53' 00" West .154.29 feet to a .line parallel with the South- westerly line of said lot, and distant Northeasterly 315.00 feet there- from measured at right angles; thence along Said parallel line, North ~9° 59' 45" West 251.23 feet to the Southeasterly line of the land ' 'described in the Final Order'of Condemnation recorded May 11, 1964, in. book 7040, page 235, Official Records, records of said Orange County; thence along said Southeasterly_line, North 4.00 02' 13" East 142.33 feet to ai line bearing North' l~9° 57' 47" West from the true point of beginning; thence South 49° 57' ~7" East 311.1~ feet to the true · point of beginning. NOTE: Said land, covering the land herein described and other land', is described on the County Tax Assessment Roll for the fiscal year 1967-68- as A. P. No. 1. 04-060-51; CA 13-022. · ~]at po~ion of Lot 63 in Block 11 of Irvine's Subdivision, as shown on a Map recorded in Book 1, page 88 of M~sccllaneous Maps, records of Orange County, ,California, described as follows: Beginning at the most Eaooerly corner of said Lot 63; thor. cc South 40" 02~ ~9" Westl 720.37 feet along the SoutheaSterly line of said lot; thence North 49" ~7' 01" West 1~0~00 feetj thence SOuth 62" ~3' 00" West 15~.13 feet to the true' point of bcginniDg; thence continuing South 62" 53' 00" West 154.29 feet to a line para].lel with the oouthbeotcrly line of said lot and distant Northeasterly 315.00 feet thcrcfrom, measured at right a~les; thence along said paral].el line North 49* ~9' 45" West 251.23 feet to the Southeasterly line of the land described in the Final Order of Condemnation, recorded May 11, 1964 in Book 70;~0, psge 235 of Official Records; thence along said Southeasterly line North 40" 02' 13" East 142.33 feet to a line bearing North 49° 5'[' 4'(" West from the true point of beginning; thence South 49° ~7' ;~'/" East 3].1.14 feet to the true Doint of beginning. ~1]e ].anh above described does not pro¥ide access to a dedicated street. REn lix~j,, eYCAMORE INT};,I~MF, DTATE SC}lO0*. VT'rE ADDITION Paqe 2 of Exhibit A Title to t'he estate or interest covc,'cd by this policy at thc date hereof is vc:qcd in: TUSTIN SCtt00L DISTRICT OF ORANGE COUNTY, CALIFOFfl.~IA. The land referred to in this policy is situated in the State of Califor,,ia, County of Orange .... ,. and is described as follows: That portion of Lot 63, in Block ~1 of Irvine's Subdivision, as shown on a map thereof recorded in book 1, page 88~ Miscellaneous Maps, '. records of said Orange County, described as follows: Beginning at the most Southerly corner of Tract ~$527, as shown on a map thereof recorded in book 163, pages 38 and 39, Miscellaneous Maps, records of said Orange County, thence North ~tO~ 02' lB" East 65.00 feet along the Southeasterly line of said tract, also the North~;esterly line of said Lot 63; thence leaving said Southeasterly line South 49~ 57' ~7" East 799.27 feet;, thence SoUth 40° 02' 13" West 545.00 feet to an intersection %.;ith a line that is parallel.with, and distant Northeasterly 115.00 feet from the Southv;esterly llne of said Block 113 thence North · ~9° 57' 47" West 799.~7 .feet along said parallel line to an intersection with said North?;esterly line of Lot 633 thence North 40° 02' 13" East ~80.00 feet along said Northwesterly .line to the point of b. eginning. · '% The land referred to in this policy is situated in the State of California, Count)' of and is described as follows: Orange All that real property in the City of Tustin, County of Orange, State of California, being that portion of Lot 63, Block lI of Irvine's Subdivision, as per map thereof recorded in book l, page 88 of Miscellaneous Record Maps, records of said Orange County, described as follows: · Beginning at the most Northerly corner of the land described in the Final Order of Condemnation recorded May ll, 1964, in book 7040, page 235, Official Records, records of said Orange County, said most Northerly corner being on the Northv;esterly line of s~id Lot 63; thence along said Northv;esterly line, North 40° 02' .13" East 660.47 feet to the Northeasterly line .of said lot; .thence along"said Northeasterly line, South ~9° 59' 23" East 799.27 feet to the Northeasterly prolongation of the Southeasterly line of said land; thence along said Northeasterly prolongation, South ;~0~ 02' 13" West 660.84 feet to the Northeasterly line of said land; thence along said Northeasterly line, North ~9° 57' ~7" West 799.27 feet to the point of beginning.' · Page 3 of Exhibit A Tustin Elementary School District Legal Descrintion RED HILL A~'D SYCAMORE WARE}lOUSE ASqD]MAI,~.?,ENANCE SITE.. ADDITION Ail that real property in the City of Tustin, being that portion of Lot 64, of Block 11, of Irvine's Subdivision, as shown on a map thereof recorded in book 1, page 88, Miscellaneous Record Maps, records of said Orange County, described as follows: Beginning at the most Southerly corner of Tract No. 4527, as shown'on a map thereof recorded in_book 163, pages 38 and 39, Miscellaneous Maps, records of said Orange County; thence, along the Southwesterly boundary of said tract, North 49° 59' 45" West, 230.0~ feet; thence, parallel with the SoUtheasterly line of said Lot 64, South 40v 02' 13" West 480.00 feet to the Northeasterly line of the land described in the deed to the Orange County Flood Control District recorded August 6, 1963, in book 66626 page 445, Official Records; thence, along said Northeasterly line South 49 59' 45~' East 230.00 feet to the Southeasterly line of said Lot 64; thence, along said Southeasterly line, North 40° 02' 13" East 480.00 feet bo the point of beginning. EXCEPTING THEREFROM that portion thereof described as follows: Begipning at the most Southerly corner of Tract No.4527, per map thereof recorded in book 163, pages 38 and 39, Miscellaneous Maps, records of said OrangelCounty; thence along the Southwesterly boundary of said tract, North ~9° 59' 45" West 106.78 feet to the true point of beginning~of~$he land hereinafter described; continuing thence North ~9° 59' 45" West.~a~ong said Southwesterly boundary of said Tract 123.22 feet; thence S~t~'~0 02' 13" West 170.00 feet; thence South 49 59' 45" East ~8,30 feet; thence along a curve, concave to the North, having a radius of 75.00 feet and a central an~le of 89° 59' 07" a distance of 117.79 feet to a point which bears South ~0 01' 08" West from the true point'of beginning; thence North ~0° 01' 08" East 95.02 feet to the true point of beginning. EXCEPTING TH~EFROM all minerals and all mineral rights of every kind and character now kno~,a to exist or hereafter discovered, including, without limiting the generality of the foregoing oil, gas, water and rights thereto, together with the sole, exclusive .and perpetual right to explore for, remove and dispose of said minerals by anymeans or methods suitable but without entering upon or using the surface of said land or any portion of the sub- surface within 500 feet of the surface, as reserved in deed recorded October 22, 1968.