HomeMy WebLinkAbout14 PARCEL MAP 99-197 01-17-00DATE:
JANUARY 17, 2000
Inter-
lqO. 14
01-17-00
Com '- ..'_s
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
FINAL PARCEL MAP 99-197 (WENDY'S)
SUMMARY: Tentative Parcel Map 99,197was a request to COmbine the two lots located
13922 Red HillAvenue into one lot for the purpose of developing a 3,322 Square foot fast food
restauran~ On October 18, 1999, the City Council apprOved Tentative Parcel Map 99-197.
Upon fuifillment of specified conditiOns, the Final Parcel Map may. be recorded with the
Orange County ReCOrder's office.
Applicant: ConsolidatedRestaurants of California, Inc.
Owner: Ed Pankey Trust
RECOMMENDATION
That the City Council adopt Resolution No. 00-5 approving Final Parcel Map 99-197
subject to the conditions of approval identified in Exhibit A of Resolution No. 00-5 to the
satisfaction of the Community Development and Public Works Departments and the City
Attorney prior to recordation.
FISCAL IMPACT
The Final Parcel Map is an applicant initiated project. The applicant has paid applicable
fees for the processing of this map.
ENVIRONMENTAL
Final Parcel Map 99-197 is Categorically Exempt (Class 15, Section 15315) from the
provisions of the California Environmental Quality Act.
DISCUSSION
On October 11, 1999, the Planning Commission adopted Resolution No. 3694
recommending that the City Council approve Tentative Parcel Map 99-197. The City
Council approved Tentative Parcel Map 99-197 on October 18, 1999, by adopting
Resolution No. 99-88. These approvals included numerous conditions to be met prior to
approval of the Final Parcel Map.
City Council Report
Final Parcel Map 99-197
January 17, 2000
Page 2
The applicant has substantially conformed with the Tentative Parcel Map approvals, the
City's Zoning Code and Subdivision Code, and the State Subdivision Map Act. Based
upon this conformance, staff recommends that the City Council approve Final Parcel Map
99-197, subject to fulfilling the conditions of approval of Resolution No. 00-5 to the
satisfaction of the Community Development and Public Works Departments and the City
Attorney prior to recordation.
7~. Bradley J. Evanson
Assistant Planner
Elizabeth A. Binsack
Community Development Director
Attachments:
A - Location Map
B - Final Parcel Map 99-197
C - Resolution No. 00-5
CCreports\BE\fpm99197ccreport.doc
ATTACHMENT A
LOCATION MAP
LOCATION MAP?,
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13802
DEL TA£O
13~52
-~MPO'r~IUtZ
13802
TUSTIN WOODS
SAN JUAN
13921
TUSTIN EAST VILLAOE
EL CAMINO REAL
8
Ch'URCH ~
JESUS CHF(
LA I'IER D,
SA/N I'S
PAGiFIB POINTE
1~881
13922
CALIFB
15901
(I-5) SANTA ANA FREEWAY
ATTACHMENT B
FINAL PARCEL MAP 99-197
SHEET I DF 3 SHEETS
] PARCEL
.0757 ACRES
(ALL 0? TENATIYE
PARCEL HAP NO gO-lC7
BLOCK 5752 MODULE 45
" IN THE CITY OF T,UST.IN,
CD~,I'Y r~F BR~NGE, S!nAT~E DF CALIFDRNIA.
~ING A PORTION 0F LOT 30 IN BLOCK 12 OF 1RV]NE'S SUBDIVISION. IN THE CITY
[~- TUSTIN. COUNTY OF ORANGE, SLATE OF CALI&-Oi~NIA, AS PER I,~ RECORDED IN
BOOK 1 PAGE ~4~ 0[' MI~CELLANEDUS RECORDS NAPS, IN THE [~'FICE DF THE
C(]UNTY I~ECO¢2'D[R OF SAID COUNTY.
U[SH~ J. NULLEN AND ASSOCIATES,
£IVIL Eh~Gff~EERS AND LAND SURVEYORS,
JOHN J ~ULLEN, R.C.E. 15822 DATE DF SURVEy: MAY. 1999
G;~NE~ CERTIFICATE,
THE U~RS[C_~D, ~(~]~ ~L P~T]ES ~Yl~ ~NY RECTO TITLE INTEREST IN THE
L~D CDVE~D ~y THIS ~, ~ ~Jy C~SENT TO T~ P~P~AT]DN AND RECORDATION
SAID ~,
ACCEPTED Ar,~ FIzED AT THE
PEQUEST Dr
DATE
TJMF
FEE $
INSTRUMENT ~
Ga~Y L. GI2~VILLE
COUNTY-CLER4< RECORDER
DEPUTY
ENGINEER'S STATEMENT,
THIS MAP ~AS PREPARED BY HE DR UNDER MY DIRECTION AND IS BASED UPON A FIELD
SURVEY IN CGNFORMANCE ~ITH THE REQUIREMENTS DF THE SUBD]VIS{93N MAP ACT AND
LOCAL ORDINANCES AT THE REQUEST DF ~DNSDLIDATED RESTAURANTS DF CALIFORNIA.
INC. ON OCTOBER ~0. 1999. I HEREBY S~ATE THAI ALL MONUMENTS ARE SUFFICIEN1
TO ENABLE THE SURVEY TD BE RETRACED. I HEREBY STATE THAT 1HIS PARCEL MAP
SUBSTANTIALLY CONFORMS TD THE APPROVED OR CONDITIONALLY APPROVED TENATIVE
NAP.
EDGA~ E. PANKEY, TRUSTEE UNDER DECLARATION DF TRUST DATED
EDGAR E. PANKEY
NOTARY ACKNBVLEDGEMENT,
STATE ~c CALIFORNIA)
)SS
~.0UNTY Dr OR~ )
OR , BEF[]~ I~ A NOTARY
ImU~LIC IN ~ FOR SAID STATE. P~RS~NALLY ~E~ED
Evil,E) TO ~ T~ ~R~ ~ ~ IS ~SCR~ED TO T~ ~ZT~ ~STR~NT
~ ~[~D TO ~ T~T ~ [xECUI[D T~ S~ ]N HIS ~T~IZE~ C~AC]TY,
~F ~ ~H]CH T~ PERS~ ~TED, EXECUTED T~ ]NSTR~NT.
~IT~SS mY ~,
¢SIGN~T~)
A NOIARY PUBLIC IN AND FOR SAID SLATE
(NA~4E PRINTED)
JOHN j. NULLEN
R.CmE NO. ]5822
EXPIRATION DATE: 6/~0/01
CITY ENGINEERS STATEMENT,
I HEREBY STATE ~HAT I HAVE EX~INED THIS NAP AND H~VE FOUND IT T0 ~E
SUBSTANTIALLY IN CONFORMANCE ¥1TH T~ TE~TJVE ~. JF ~tRE~. AS FILED
~IT~ ~N~D ~O ~PROVED BY T~ CITY PL~I~ C~ISSIDN; THAT ALL
PROVISI~S ~ THE SUBDIVISI~ ~ ~l ~O CITY SU~D]VISIDN REGULATIONS
~vE BEEN C~PLIED VITH AND T~ ~ IS TEC~ICALLY CORRECT IN ALL
RE$PE~T~ NOT S~ATED TO ~Y ~ C~T S~VEY~.
DATED THIS ))AY DF
TIN I1 SERLET, R.C.E. 2~73~
EXPIRATION DATE: 9/30/08
CITY CLEleK'S CERTIFICATE,
I HEREBY CERT]FY THAT THIS MAP VAS PRESENTED FOR APPROVAL TO THE CITY
COUNCIL 0F TUSTI~ AT A REGULAR MEETING 1HEREOF HELD DN THE DAY OF
AND THAT THEREUPON SAID COUNCIL DID, DY AN BEDE DULY
PASSED AND ENTERED, APPROVED SAID HAP AND DiD ACCE~T DN BEHALF OF THE PUBLIC,
THC DEDICATION FOR STREET PURPOSES DF,
DATED THIS~DAY DF
PAMELLA STDKER. CITY CLERK
CITY DF TUSTIN
COUNTY ~i~EASURER-TAX CDLLECTDRS'S CERTIFICATE
STATE OF CALIFORNIA)
)SS
COUNTY OF ORANGE )
1 HEREBY CERTIFY THAI ACCDRDING TD THE RECORDS DF MY OFFICE IMERE ARE ND
LIENS AGAINST THE LAND COVERED BY THIS MAP DR ANY PARD THEREOF FOP UNPAID
STATE. COUNTI, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECT£U AS
TAXES. EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET
PAYABLE. THIS IS A REVERSION TD ACREAGE~ ND 1AX BOND IS REQUIRED UNDER
SECTION 664gg.20 OF THE SUBDIVISION NAP
DATED THIS~DAy Or
~ N.Y. I~L~CH
C~TY TREASU~EP-TAX CDLLECTD~
~Y
~PUTY TR~ASURER-TA) CDLL£STDR
COUNTY SURVEYORS STATEMENT .
] H~I~-_BY STATE THAT I HAVE EXAMIHED THIS MaP AN~r HAVE FOUND 1HAT ALL
M~4~PIN~ PROVISIONS DF T~ SUBDIVISI~J ~ ACT ~AVE BEEN COMPlieD
J[N, CANA~ COUNTY SURVEYD~
SHEET 2 0F 3 SHEETS
SCALE, 1° = 30'
I PARCEL
0.9G3 ACRES
CAI_L OF T£NAT!VE
PARCEL NAP Ng 99-197~
BLOCK 575~ MODULE a5
D~ ~HE CITY ~ TUSTII~
COUNTY DF DR~F.~, STATE DF CALIFORNIA,
JD~ J, MULLEN ~D ASSOCIATES,
CIVIL ENGINEERS AN~ L~D SURVEYORS, INC,
JDH~ J. MULLER, R.C.E. 15822 ~ATE OF SUPVEY: MA~ [999
9ATUN STATENENT~
COORDINATES SHOWN ARE BASED ON THE CALIFORNIA COD~DINA1E
SYSTEM (CCSB3, ZONE V].I99!.35 EPOCH ADJUSINEN~). ALL
DI[TANCES SHOWN ARE GROUND U~LESS OTHERWISE N~TED TD
0~TA[N GRID HULTIPLY ~y 999~78.~
~ASIS Df- BE~INGS~
TH~ BEARINGS SHO~,.'N H~R'EL'~ ~RE BASED ~ T~ BEAR]~ ~ETWEEN
O.C,S. ~RIZ~TAL C~NTRDL STATION ~ ND. 65~5 AN~ STAT]~ N~, ~:~
6526 BEING N 40' 41' 23' E PER RECORDS DN FILE
DF THE 0RA~E CDUNIY SURVEYQR.
MONUMENT NOTES
[~ )) INOICATE~ PER CAL' TR~S NAP ~ ~ / / ~ &-a ~. /~h~ ,~- ' '
[ ) INDICATES PER CAL TRANS MAP ND.
+/ ~.~ ~ x~ I BOUNDARY CONTROL MAP
~ /_" . ,' ~ ~ ~'~
DC ~ALK
/
I
198.03q
/ ACCEPTED AS
r~, / / eCL 1
~ -~'~. o /
,~,.
'~ , ' '~'
,
(N 4~' 40' 5~' ~. 5~.36', --/ ~' N 40' 40' 46' _. 50.36'
rD PF NAL p~c ~,,
~A',_ T~ANS MAC N~ rlgB2-2 &
SN[? 2 0r 3 SHE[TS
S£ALE :° = 80'
0.903 ASPES
(ALL 0? TENATIVE
BLOCK 5752 NODULE ~5
DN T, WE CITY IF' TLtSTIN,
COUNTY ~ I~R~hlGE, STATE DF' CALIFD~]A,
_;D~ J. NULLEN AND ASSOCIATES,
CIVIL ENGINEERS ~D L~D SURVEYORS, INC,
JOHN J. MULLEN, R.C.E "5822 DATE DF SURVEY: HAY 1999
,gl, TUN STATENENT,
SYSTE~ (~S83. Z~ V[.]~.J~ E~H A~JUS~NT) ALL
~IST~CES S~N ~E ~D ~ESS DT~¥ISE ~IED TO
T~ ~JNOS S~WN ~eEON ~E 8ASED ~ 7~ BERING ~T~EEN
~C.S. ~[Z~TAL CONTROL STATION ~S NO. 6~25 AND STAT]~
~ T~ DR~N~ COUNTY SURVEYOR.
~ENT NOTES,
O JNDI~TES SET 2' l~. TA~D RCE ISB22
· INDICATES rD. NOTHING SE~ NOTH~NC
)) INDICATES PER CAL TRANS ~ NO.
?198-~ & OR DEED '
) ~ND]~ATES PER CAL TRANS ~p N~.
INDICATES MEAS~ D.
DETAIL SHEET
k 4='t~'??7.
;472'
12.58'
! 472' Ii~.0/..I.i BLi~.
l]6~.59'
~' i ~. t
ATTACHMENT C
RESOLUTION NO. 00-5
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RESOLUTION NO. 00-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING FINAL PARCEL MAP 99-197 TO COMBINE TWO LOTS
LOCATED AT 13922 RED HILL AVENUE AND 1542 EL CAMINO
REAL INTO ONE LOT FOR THE PURPOSE OF'DEVELOPING A 3,322
SQUARE FOOT FAST FOOD RESTAURANT.
The City Council of the City of Tustin does hereby resolve as follows:
The City Council finds and determines as follows:
Ao
That Final Parcel Map 99-197 to combine one 19,616 square foot parcel
and one 19,707 square foot parcel located at 13922 Red Hill Avenue and
1542 El Camino Real into one lot for the purpose of developing a 3,322
square foot fast food restaurant, was submitted by Consolidated
Restaurants of California on behalf of the Ed Pankey Trust for
consideration;
Bo
That the Planning Commission recommended that the City Council
approve Tentative Parcel Map 99-197 on October 11, 1999, and the City
Council approved Tentative Parcel Map 99-197 on October 18, 1999;
Co
That Final Parcel Map 99-197 was considered by the City Council on
January 17, 2000;
Do
That, as conditioned, the proposed subdivision is in conformance with
the Tustin Area General Plan, Tustin Zoning Code, State Subdivision
Map Act and the City's 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 Final Parcel Map 99-197 is Categorically Exempt (Class 15) from
the provisions of the California Environmental Quality Act pursuant to
Section 15315;
Ho
That the design of the proposed improvements is not likely to cause
substantial environmental damage or substantially and 'avoidably injure
fish or wildlife in their habitat;
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City Council Resolution No. 00-5
Final Parcel Map 99-197
January 17, 2000
Page 2
I. That the type of improvements proposed will not conflict with easements
acquired by the public, for access through or use of the property within
the project site;
J.
That the types of improvements proposed are not likely to cause serious
public health problems;
Ko
That a Traffic Impact Analysis was prepared for this project and it has
been determined that dedications of right-of-way to accommodate
expansion of Red Hill Avenue and El Camino Real are necessary to
mitigate the traffic impacts identified in the Traffic Impact Analysis;
Lo
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 to accommodate a four (4) foot wide sidewalk behind the
drive aprons are necessary, for compliance with the requirements of ADA;
M,
That the proposed project has been reviewed for conformity with the
provisions of the Orange County Congestion Management Program, and
it has been determined that the additional traffic generated by. the
proposed project onto the CMP Highway System does not cause the
system to exceed established level of service standards (LOS);
No
That the City has reviewed the status of the school facilities and the
Tustin. Unified School District for the impact of Final Parcel Map 99-197.
No impacts associated with this approval on School District facilities have
been determined; and,
Oo
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 or has been conditioned to be consistent
with the Air Quality Sub-Element.
II.
The City Council hereby approves Final Parcel Map 99-197 combining one
19,616 square foot parcel and.one 19,707 square foot parcel located at 13922
Red Hill Avenue and 1542 El Camino Real into one lot for the purpose of
developing a 3,322 square foot fast food restaurant, subject to the conditions of
approval within Exhibit A, attached hereto, to the satisfaction of the Community
Development and Public Works Departments and the City Attorney prior to
recordation.
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City Council Resolution No. 00-5
Final Parcel Map 99-197
January 17, 2000
Page 3
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, hbld on the
17th day of January, 2000.
TRACY WILLS WORLEY
MAYOR
PAMELA STOKER
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
I, Pamela Stoker, City Clerk and ex-offici° Clerk of the City Council of the City of
· Tustin, California, do hereby certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and foregoing Resolution No. 99-64
was duly passed and adopted at a regular meeting of the Tustin City Council, held on
the 17th day of January, 2000, by the following vote:
COUNCILMEMBER AYES:
'COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNClLMEMBER ABSENT:
PAMELA STOKER
CITY CLERK
(1)
(1)
(1)
(1)
(1)
(5)
EXHIBIT A
FINAL PARCEL MAP 99-197
RESOLUTION NO. 00-5
CONDITIONS OF APPROVAL
GENERAL
1.1
Prior to issuance of building permits, the Subdivider shall record with
appropriate agencies, Final Parcel Map 99-197 prepared in accordance
with subdivision requirements of the Tustin Municipal Code, the State
Subdivision Map Act, and applicable conditions contained herein, within
twenty-four months of the date of this approval.
1.2
Prior to issuance of building permits, the applicant shall comply with all
Conditions of Approval identified in Planning Commission Resolution
Nos. 3681 and 3694 and City Council Resolution No. 99-88.
1.3
The map shall not be considered to be in "recordable form" until it is in
compliance with the Subdivision Map Act and the City of Tustin
Subdivision Manual subject to the satisfaction of the City Engineer.
1.4
Approval of Final Parcel Map 99-197 is contingent upon-the applicant
and property owners signing and returning an "Agreement to Conditions
Imposed" form as established by the Community Development
Department.
1.5
The applicant shall hold harmless and defend the City of Tustin from all
claims and liabilities arising, out of a challenge of the City's approval of
this project.
MAP SUBMITTAL
2.1
The applicant shall revise the final map in accordance with the following
corrections to the satisfaction of the Community Development and
Public Works Departments and the City Attorney prior to recordation of
the map. The Final Parcel Map and Title Sheet shall be prepared,
stamped and signed by a California Registered Civil Engineer.
a)
The "Ownership Certificate" seCtion of the Title Sheet shall be
completed.
(1)
(2)
(3)
(4)
SOURCE CODES
STANDARD CONDITION
CEQA MITIGATION
UNIFORM BUILDING CODE/S
DESIGN REVIEW
EXCEPTION
(5)
(6)
(7)
RESPONSIBLE AGENCY
REQUIREMENTS
LANDSCAPING GUIDELINES
PC/CC POLICY
Exhibit A
City Council Resolution No. 00-5
Final Parcel Map 99-197
January 17, 2000
Page 2
(1) 2.2
(5) 2.3
b)
The "City Clerk's Certificate" section of the Title Sheet shall be
completed.
c)
All spelling errors identified on the check prints shall be
corrected.
d)
A copy of the County of Orange map review and approval letter
shall be provided.
e)
Cost estimates for public improvements and monumentation
shall be provided so that bonds and agreements can be
prepared.
f) All signature omissions shall be verified.
g)
The two (2) record points on El Camino Real used to establish
the centerline shall be identified on the map sheets.
h). All centerline tie references shall, be indicated on the map
sheets.
The method(s) used to determine the location and establishment
of the centerline intersection point for El Camino Real and Red
Hill Avenue shall be provided.
The "Irrevocable Offer to Dedicate" area identified on the map
sheets shall be redesignated as an area of future dedication.
k)
The size of the text on Sheet Three shall be revised to meet the
0.1" minimum required.
All redline comments noted on the individual map sheets shall
be addressed and incorporated into the respective map sheets.
Prior to recordation of the final map, the subdivider shall conform to all
applicable requirements of the State Subdivision Map Act and the City's
Subdivision Ordinance.
Prior to recordation, of the final map, subdivider shall execute a
subdivision and monumentation agreement and furnish the improvement
and monumentation bonds as required by the City Engineer.
Exhibit A
City Council Resolution No. 00-5
Final Parcel Map 99-197
January 17, 2000
Page 3
(1) 2.5
(1) 2.6
In addition to Condition No. 4.15 of Planning Commission Resolution No.
3681 and Condition No. 2.3 of City Council Resolution No. 99-88, the
applicant shall comply with the following requirements prior to
recordation of the final map:
· The property owner shall dedicate twelve (12) feet of additional street
right-of-way along El Camino Real from the ultimate end curb return
(ECR) at the southeast corner of Red Hill Avenue and El Camino
Real to the easterly boundary of the subject property. The ultimate
curb return shall have a radius of thirty-five (35) feet and the ECR
shall be located 32.00 feet southwesterly from the centerline of El
Camino Real. This parcel shall be in the form of an irrevocable offer
of dedication.
· An additional parcel shall be dedicated to accommodate the
appropriate corner cut-off from the ultimate begin curb return (BCR)
to the ultimate ECR. The ultimate BCR' will be located sixty-one (61)
feet southeasterly from the centerline of Red Hill Avenue. The corner
cut-off will intersect the ultimate right-of-way line of Red Hill Avenue
(70 feet from the centerline) and the ultimate right-of-way line of El
Camino Real (40 feet from the centerline).
· Legal descriptions and sketches as prepared by a California
Registered Civil Engineer or California Licensed Land Surveyor shall
be provided. These legal descriptions and sketches shall be
submitted to the Engineering Division for review and approval prior to
issuance of.building permits.
· All dedications and/or offers of dedication shall state that the City of
Tustin shall be permitted to obtain, at no cost, a right-of-entry for all
on-site joins when the ultimate street improvements are constructed.
The right-of-entry shall terminate on the date that the Notice of
Completion of Public Improvements is recorded at the Orange County
Recorder's Office.
Prior to any work in the public right-of-way, an Encroachment Permit
must be obtained from and applicable fees paid to the Public Works
Department.
The developer shall be responsible for any traffic signing and/or striping
along El Camino Real and Red Hill Avenue required as a result of
development.
Exhibit A
City Council Resolution No. 00-5
Final Parcel Map 99-197
January 17, 2000
Page 4
(1) 2.7
(1) 2.8
FEES
(5) 3.1
Prior to issuance of a certificate of occupancY, current Federal
Americans with Disabilities Act (ADA) requirements shall be met at the
drive aprons and shown on the street improvement plans. This will
require construction of a minimum four- (4) foot wide sidewalk behind
the drive apron. The maximum cross slope of the sidewalk shall be two
percent and the maximum ramp slope of the drive apron shall be ten-
percent. Dedication of additional right-of-way to accommodate the
sidewalk construction may be required. Prior t° issuance of building
permits, a legal description and sketch of the dedication area, as
prepared by a CA Registered Civil Engineer and/or CA Licensed Land
Surveyor, shall be submitted to the Engineering Division for review and
approval.
This development shall comply with all applicable provisions of the City
of Tustin Water Quality Ordinance and all Federal, State and Regional
Water Quality Control Board rules and regulations.
Within forty-eight (48) hours of approval of the subject project by the City
Council, the apPlicant shall deliver to the Community Development
Department, a cashier's check payable to the COUNTY 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 significantly lengthened.