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HomeMy WebLinkAboutCC RES 00-05 ! RESOLUTION NO. 00-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN 4 APPROVING FINAL PARCEL MAP 99-197 TO COMBINE TWO LOTS 5 LOCATED AT 13922 RED HILL AVENUE AND 1542 EL CAMINO REAL INTO ONE LOT FOR THE PURPOSE OF'DEVELOPING A 3,322 6 SQUARE FOOT FAST FOOD RESTAURANT. 8 The City Council of the City of Tustin does hereby resolve as follows: ~0 I. The City Council finds and determines as follows: l~ A. 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 ]2 1542 El Camino Real into one lot for the purpose of developing a 3,322 is square foot fast food restaurant, was submitted by Consolidated Restaurants of California on behalf of the Ed Pankey Trust for 14 consideration; 15 B. That the Planning Commission recommended that the City Council 16 approve Tentative Parcel Map 99-197 on October 11, 1999, and the City Council approved Tentative Parcel Map 99-197 on October 18, 1999; l? is C. That Final Parcel Map 99-197 was considered by the City Council on January 17, 2000; 20 D. That, as conditioned, the proposed subdivision is in conformance with the Tustin Area General Plan, Tustin Zoning Code, State Subdivision 2~ Map Act and the City's Subdivision Code; 22 E. That the site is physically suitable for the type of development proposed; 23 F. That the site is physically suitable for the proposed density of 24 development; 25 G. That Final Parcel Map 99-197 is Categorically Exempt (Class 1~) from 26 the provisions of the California Environmental Quality Act pursuant to Section 15315; 27 2s H. That the design of the proposed improvements is not likely to cause substantial environmental. damage or Substantially and avoidably injure 29 fish or wildlife in their habitat; 1 City Council Resolution No. 00-5 Fina Parcel Map 99-197 2 January 17, 2000 Page 2 3 4 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 5 the project site; 6 J. That the types of improvements proposed are not likely to cause serious ? public health problems; 8 K. That a Traffic Impact Analysis was prepared for this project and it has 9 been determined that dedications of right-of-way to accommodate expansion of Red Hill Avenue and El Camino Real are necessary to l0 mitigate the traffic impacts identified in the Traffic Impact Analysis; ~ L. That the project has been reviewed for compliance with the Americans ~2 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 ~3 drive aprons are necessary for compliance with the requirements of ADA; ].4 M. That the proposed project has been reviewed for conformity with the ~5 provisions of the Orange County Congestion Management Program, and it has been determined that the additional traffic generated by. the ~6 proposed project onto the CMP Highway System does not cause the ~? system to exceed established level of service standards (LOS); ~8 N. 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. ]9 No impacts associated with this approval on School District facilities have 20 been determined; and, 2~ O. That the project has been reviewed for consistency with the Air Quality 22 Sub-Element of the City of Tustin General Plan and has been determined to be consistent or has been conditioned to be consistent 23 with the Air Quality Sub-Element. 24 II. The City Council hereby approves Final Parcel Map 99-197 combining one 25 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 26 developing a 3,322 square foot fast food restaurant, subject to the conditions of 27 approval within Exhibit A, attached hereto, to the satisfaction of the Community Development and Public Works Departments and the City Attorney prior to 28 recordation. 29 1 City Council Resolution No. 00-5 Final Parcel Map 99-197 2 Janua~ 17, 2000 Page 3 3 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 4 17th day of January, 2000. 5 6 ~ ~E/~z/_~~ woRLEY 9 n PAMELA STOKER z2 C!~ CLERK ~3 14 STATE OF CALIFORNIA ) ~5 COUN~ OF O~NGE ) SS CI~ OF TUSTIN ) 16 ~? I, Pamela Stoker, Ci~ Clerk and ex-o~cio Clerk of the City Council of the Ci~ of · Tustin, California, do hereby ce~i~ that the whole number of the members of the City ~ Council of the City of Tustin is five; that the above and foregoing Resolu[ion No. 99-64 was duly passed and adopted at'a regular meeting of-the Tustin~City Council, held on the 17m day of Janua~, 2000, by the following vote: 20 COUNCILMEMBERAYES: ~o~. ~o~. ~%s, ~o~s s~~z ~ COUNCILMEMBER NOES: ~o~ 22 COUNCILMEMBER ABSTAINED: .o~ COUNCILMEMBER ABSENT: ~o~ 23 24 ?~ 2~ PAME~ STOKER CI~ CLERK 26 27 29 EXHIBIT A FINAL PARCEL MAP 99-197 RESOLUTION NO. 00-5 CONDITIONS OF APPROVAL GENERAL (1) 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) 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) 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) 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) 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 (5) 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. ' .__ SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY " EXCEPTION Exhibit A City Council Resolution No. 00-5 Final Parcel Map 99-197 January 17, 2000 Page 2 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 co rrected. 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. i) The method(s) used to determine the location and establishment of the centerline intersection point for El Camino Real and P, ed Hill Avenue shall be provided. j) 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. I) All redline comments noted on the individual map sheets shall be addressed and incorporated into the respective map sheets. (1) 2.2 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. (5) 2.3 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 *** 2.4 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 centedine of Red Hill Avenue. The corner cut-off will intersect the ultimate right-of-way line of Red Hill Avenue (70 feet from the centedine) 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. (1) 2.5 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. (1) 2.6 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 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 to 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. (1) 2.8 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. FEES (5) 3.1 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 pedod 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.