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HomeMy WebLinkAboutPC RES 4226& *JOY .AM *TAM The Planning Commission does hereby resolve as follows: 1. The Planning Commission finds and determines as follows: A. That a proper application for Tentative Parcel Map 2012-137 and Conditional Use Permit 2012-14 was submitted by Masoud Mike Moshayedi of Centurion Plaza, LLC, requesting approval to subdivide an existing 6.17-acre office complex, with three (3) research and development and general office buildings, into three (3) numbered lots for conveyance purpose, resulting in one building on each parcel and establish joint- use parking among the properties. B. That the site is designated as Planned Community Commercial/Business by the Tustin General Plan which provides for a variety of industrial, office and commercial uses, and is zoned Planned Community Industrial / Business (PC IND/BUS), which provides for industrial and general and professional office uses. The project is consistent with the Air Quality Sub-element of the Tustin General Plan. C. That a public hearing was duly called, noticed, and held for TPM 2012-137 and CUP 2012-14 on June 25, 2013, by the Planning Commission; D. That as conditioned, the map would be in conformance with the State Subdivision Map Act and Tustin City Code Section 9323 (Subdivision Code) in that; 1. The proposed map is consistent with the General Plan and the PC Industrial Business zoning regulations. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and PC Industrial / Business zoning regulations, in that the improvements are all existing and no new improvements are proposed. 3. The site is physically suitable for the type of development in that the development is existing as was originally approved. 4. The site is physically suitable for the proposed density of development in that the development is existing as was originally approved. 5. The parcel map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that the development is existing and no improvements are proposed. Resolution No. 4226 TPM 2012-137, CUP 2012-14 Page 2 6. The design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems in that the development is existing and no improvements are proposed. 7. That, as conditioned, the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. E. That the City's Public Works Department has reviewed the map and determined that, as conditioned, it is technically correct. F. That the establishment, maintenance, and operation of the proposed use 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, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: The proposed use, as conditioned, will not have a negative effect on surrounding properties, or impact traffic or the ability of parking in that sufficient parking would be available on-site. 2. The proposed, as conditioned, will ensure the availability and maintenance of reciprocal access and parking spaces by recording Covenants, Conditions, and Restrictions to the property titles. G. The proposed 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). H. The proposed joint use parking is Categorically Exempt pursuant to Section 15301, Class 1, of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The Planning Commission hereby recommends that the City Council approve Tentative Parcel Map (TPM) 2012-137 and Conditional Use Permit (CUP) 2012-14 to subdivide an existing 6.17-acre office complex, with three (3) research and development and general office buildings, into three (3) numbered lots for conveyance purpose and establish joint- use parking, subject to the recommended conditions contained in Exhibit A attached hereto. Resolution No. 4226 TPM 2012-137, CUP 2012-14 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 25th day of June, 2013. Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4226 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of June, 2013. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL ENAIBIT A RESOLUTION NO. 4226 TENTATIVE TRACT MAP 2012-137 CONDITIONAL USE PERMIT 2012-14 The proposed project shall substantially conform with the submitted plans for the project date stamped _, 2013, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 Approval of Tentative Parcel Map 2012-137 and Conditional Use Permit 2012-14 is contingent upon the applicant and property owner 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) 1.4 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.5 As a condition of approval of Tentative Parcel Map 2012-137 and Conditional Use Permit 2012-14 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. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4226 TPM 2012-137, CUP 2012-14 Page 2 (1) 1.6 Within twenty-four (24) months from tentative map approval, the applicant shall record with appropriate agencies a final map prepared in accordance with subdivision requirements of the Tustin City Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9323 of the Tustin City Code. The Final Map shall be submitted at least 90 days prior to the expiration of the Tentative Map for review, processing, and recording prior to the expiration of the Tentative Map. Time extensions shall be in conformance with the provision of the Tustin City Code and State Subdivision Map Act. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.8 The applicant shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, and the City's zoning regulations. At the time of Final Map submittal, the applicant shall also submit two (2) copies of an up-to-date title report. aye PUBLIC WORKS/ENGINEERING DEPARTMENT (1) 2.1 Preparation and recordation of a final subdivision map shall be required (1) 2.2 Prior to recordation of the final map, the applicant is required to execute a subdivision and monumentation agreement and furnish improvement and monumentation bonds, all on forms acceptable to the City. (1) 2.3 The applicant shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to, dedication in Fee Title of all required street rights-of-way; dedication of all required flood control right-of-way easements; and dedication of vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer (at no cost to the City) and/or other agencies. 2.4 The applicant shall design and re-construct the two (2) existing concrete driveways along Bell Avenue to current Federal Americans with Disabilities Act (ADA) requirements and City of Tustin Standard Drawings. The applicant shall also design and construct the missing sidewalk along Bell Avenue adjacent to the project frontage. The applicant shall submit to the Public Works Department 24" x 36" reproducible street improvement plans and construction area traffic control it plans, as prepared by a California Registered Civil Engineer, for approval. The traffic control plan shall be prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation. Exhibit A Resolution No. 4226 TPM 2012-137, CUP 2012-14 Page 3 0) 2.5 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 2.6 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before acceptance of the tract. (1) 2.7 CADD Requirements - In addition to the normal full-size map and plan submittal, all final maps and 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 shall be submitted to the Public Works Department in computer aided design and drafting (CADD) format to the satisfaction of the City Engineer. The standard file format is AutoCAD Release 2009, or latest version, having the extension "DWG". All layering and linotype conventions are AutoCAD-based (latest version available upon request from the Public Works Department). The CADD files shall be submitted to the City at the time plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. No project bonds will be released until acceptable "as built" CADD files have been submitted to the City. CC&Rs ai (1) 3.1 Prior to recordation of the final map, all organizational documents for the project I'milm including any Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted to the Community Development Department for review and approval by the City Attorney's Office and shall be recorded with the County Recorder's Office. Costs for such review shall be borne by the applicant. A copy of the final documents shall be submitted to the Community Development Department within five (5) days of recordation. At a minimum, the following items shall be included: 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. The requirement that association bylaws be established. c. Provision assuring the continued availability of the number of parking spaces designated for common use and the availability of reciprocal access easements ensuring access to the public rights-of-way. d. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including buildings and amenities, landscaped areas, walls and fences, private roadways (i.e., walks, sidewalks), etc. Maintenance standards shall also be provided. Examples of maintenance standards are shown below. Exhibit A Resolution No. 4226 TPM 2012-137, CUP 2012-14 Page 4 All common area landscaping and private areas visible from any public way shall be properly maintained such that they are 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 vehicular or pedestrian traffic. 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. 2. All private roadways, sidewalks, and open space areas shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travelways should be removed or repaired promptly, 3. Common areas 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. ME- e. Membership in the association shall be inseparable from ownership in NO 011-0 individual parcels. N f. Architectural controls shall be provided and may include, but not be limited to, provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as mechanical equipment, television and radio antenna, and signs, consistent with the Tustin City Code and the Planned Community Industrial / Business zoning district. g. Parking controls shall be provided and may include, but not be limited to, provisions regulating vehicle and truck deliveries, vehicle and truck parking, loading and unloading activities, etc. h. Provisions requiring property association approval of proposed conversion of tenant space uses and/or addition with respect to changes in shared parking and parking space allocation. An updated parking summary shall be provided with any proposed conversion or addition to the tenant spaces. USE RESTRICTIONS 4.1 A total of 546 parking spaces shall be maintained at all times. Any reduction of on-site parking shall be reviewed and approved by the Community Development Department. (1) 4.2 If in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis and bear all associated costs. If the Study indicates that there is inadequate Exhibit A Resolution No. 4226 TPM 2012-137, CUP 2012-14 Page 5 M parking, the applicant shall be required to provide immediate interim and permanent mitigation measures to be reviewed and approved by the Community Development Department and the Public Works Department. FEES (1,5) 5.1 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 fifty dollars ($50.00) 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. (1) 5.2 The applicant shall reimburse the City of Tustin for the actual cost incurred to the City by the City Attorney and/or Special Counsel service for review of the CC&Rs.