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HomeMy WebLinkAboutCC RES 02-081RESOLUTION NO. 02-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE PARCEL MAP 2002-106 TO SUBDIVIDE AN EXISTING 1.62-ACRE . PARCEL INTO TWO PARCELS LOCATED AT 535 E. MAIN STREET FOR CONVEYANCE PURPOSES (APN NO. 401-612-03). The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A, That Tentative Parcel Map 2002-106 is a request to subdivide an existing 1.62-acre parcel into two parcels for conveyance purposes. The site contains a service station/car wash and a retail building currently under construction. al That a public hearing was duly called, noticed, and held for said map by the Planning Commission on August 26, 2002, and the Planning Commission recommended approval of the project. C. That a public hearing was duly called and held for said map by the City Council on September 3, 2002. D! That the project is Categorically Exempt pursuant to Section 15315, Class.15 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the Califomia Environmental QualitY Act). E. That, as conditioned, the proposed subdivision will conform with the Tustin Area General Plan, Tustin Zoning Code, State Subdivision Map Act, and the City's Subdivision Code. F, That the site is physically suitable for the type of development proposed. G, That the design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat. H, That the design of the subdivision proposed is not likely to cause serious public health problems. GENERAL EXHIBIT A TENTATIVE PARCEL MAP 2002-106 RESOLUTION NO. 02-81 CONDITIONS OF APPROVAL (1) 1.2 (1) 1.3 (1) 1.4 The proposed Project shall substantially conform with the submitted plans for the project date stamped September 3, 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. 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. 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. 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 *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit' A Resolution No. 02-81 Page 2 (5) 1.6 (1) 1.7 CC&Rs (c) 2.1 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. 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. Prior to final map approval, the subdivider shall submit: A, A current title rePort; and, A duplicate mylar of the Final Map, or 8¼ 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. 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. ^ 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, parking, and a common trash enclosure shall be established. 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. 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 Resolution No. 02-81 Page 3 G, H. J, , 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 Resolution No. 02-81 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 DEPARTMENT (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 b) Sidewalk, including curb ramps for the physically disabled c) Drive aprons d) Street lighting e) Catch basin/storm drain laterals f) Domestic water facilities g) Sanitary sewer facilities h) Underground utility connections I) Signing and striping j) 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 Califomia Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation will be required. 3.2 Each parcel shall have a separate water meter and sewer lateral. Therefore, preparation of plans for and construction of: A. 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 applicable laws and adopted regulations enforced by the Orange Exhibit A Resolution No. 02-81 Page 5 (1) 3,3 (1) 3.4 (1) 3.5 (1) 3.6 (1) 3.7 (1) 3.8 (1) 3.9 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. Existing sewer, domestic water, reclaimed water, and storm drain service laterals shall be utilized whenever possible. 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. 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. On-street parking shall continue to be prohibited adjacent to the project site on Newport Avenue, Centennial Way, and Main Street. 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. 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. 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 Resolution No. 02-81 Page 6 FEES (1) 4.1 (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 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. Resolution No. 02-81 Page 2 I1. The City Council hereby approves Tentative Parcel Map 2002-106 to subdivide an existing 1.62-acre parcel into two parcels, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 3rd day of September, 2002. PAMELA STOKER City Clerk JEFFERY M. THOMAS Mayor City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF TUSTIN ) RESOLUTION NO. 02-81 I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, hereby certifies that the whole number of the members of the City Council of the City of Tustin is five; and that the above and foregoing Resolution No. 02- 81 was adopted at a regular rd meeting of the City Council held on the 3 day of September, 2002, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Wodey, Bone, Doyle, Kawashima None None Thomas Pamela Stoker, City Clerk