HomeMy WebLinkAboutPC RES 3840RESOLUTION 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:
Ao
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;
Co
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 of
development;
Go
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 )
Chairpers(~n
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
(~) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODEIS
(4) DESIGN REVIEW
*** EXCEPTION
($)
(6)
(7)
RESPONSIBLE AGENCY REQUIREMENT
LANDSCAPING GUIDELINES
PC/CC POLICY
Exhibit A
Tentative Parcel Map 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.
1,7
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:
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.
A covenant of easement for ingress, egress,
common trash enclosure shall be established.
parking, and a
C.
Maintenance association bylaws shall be established.
Do
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.
E.
Membership in the maintenance association shall be inseparable
from ownership in individual lots.
F.
Maintenance standards shall be provided for applicable items listed
in Section D. Examples of maintenance standards are shown
below:
Exhibit A
Tentative Parcel Map 2002-106- Conditions of Approval
Resolution No. 3840
Page 3
.
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.
Go
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.
Ho
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.
J.
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 I~I=PARTMI=NT
(1) 3.1
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.
·
(1) 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.
(1) 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 rec°nstruction 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 Enginee.ring 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..
(1) 3.8 Prior to recordation of the final map, the ap[~!ication shall provide fire
protection access easements and dedicate them tb the City. The
easements shall be located within unobstructed areas and clear access
shall be provided at all times.
(1) 3.9 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
bonds will not be released until the "as built" CADD files have been
submitted.
Exhibit A
Tentative Parcel Map 2002-106- Conditions of Approval
Resolution No. 3840
Page 6
(1) 4.2
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.
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 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 tho applicant has not delivored to tho 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.
·