HomeMy WebLinkAbout01 PARCEL MAP 2012-137 & CUP 2012-14 AGENDA REPORTAgenda Item 1
Reviewed.-
AGENDA
eviewed.AGENDA REPORT City Manager
Finance Director NiA
MEETING DATE: JULY 16, 2013
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: TENTATIVE PARCEL MAP 2012-137 & CONDITIONAL USE PERMIT
2012-14
SUMMARY:
Tentative Parcel Map 2012-137 and Conditional Use Permit 2012-14 are requests to subdivide
a 6.17 -acre office complex currently improved with three (3) office buildings, one (1) three-level
parking structure, and surface parking into three (3) numbered lots with shared parking for
financing and conveyance purposes only. On June 25, 2013, the Planning Commission
adopted Resolution No. 4226, recommending that the City Council approve Tentative Parcel
Map 2012-137 and Conditional Use Permit 2012-14.
Applicant: Centurion Plaza, LLC
Project Site: 15621, 15641, and 15661 Red Hill Avenue.
RECOMMENDATION:
That the City Council adopt Resolution No. 13-55 approving Tentative Tract Map 2012-137 and
Conditional Use Permit 2012-14.
FISCAL IMPACT:
The applicant has paid application fees related to this item.
APPROVAL AUTHORITY
Pursuant to Tustin City Code Section 9231 Table 2-1, the City Council has authority to approve
tentative maps. Pursuant to Tustin City Code Sections 9291a and 9264a5, the Planning
Commission has authority to approve conditional use permits for joint -use parking. However,
since the proposed joint -use parking is in conjunction with the tentative parcel map request, the
Planning Commission has forwarded Conditional Use Permit 2012-14, with the recommendation
of project approval, for City Council consideration.
BACKGROUND
Project Site and Surrounding Properties
The property, currently known as Centurion Plaza and formerly known as Northpointe Complex, is
located within the Planned Community Industrial / Business (PC IND/BUS) Zoning District and
City Council Report
TPM 2012-137 & CUP 2012-14
July 16, 2013
Page 2
subject to the Planned Community District Regulations adopted under Ordinance No. 400, as
amended. The General Plan Land Use designation is Planned Community CommerciaUBusiness.
The subject properties were originally created under Tract Map No. 7721, which was approved in
1974. The project site is located in an existing 6.17 -acre industrial office property developed with
approximately 134,084 square feet of research and development (R&D) and office space. The
project site provides a total of 546 parking spaces.
The project site is composed of two properties in a generally "L" shape configuration with three (3)
two-story buildings and one (1) three-level parking structure (Figure 1). The buildings at 15621 and
15661 Red Hill Avenue and parking structure are located on Assessor Parcel No. 430-233-19, Lot
1. The building at 15641 Red Hill Avenue is located on Assessor Parcel No. 430-233-19, Parcel 2.
The on-site circulation is designed to provide pedestrian and vehicular access between structures.
Figure 1: Project Site Aerial
The surrounding uses include office use to the southwest, industrial and wholesale to the
northwest, wholesale and distribution to the northeast, and a parking lot and vacant land to the
southeast.
DISCUSSION AND ANALYSIS:
Proposal
The proposed project, Tentative Parcel Map 2012-137 and Conditional Use Permit 2012-14, is a
request to subdivide, for conveyance purposes, an existing 6.17 -acre office complex into three (3)
numbered lots and establish joint use parking on the project site. The resulting map will create one
City Council Report
TPM 2012-137 & CUP 2012-14
July 16, 2013
Page 3
parcel for each building that also includes the parking and landscape areas around each building.
This will allow for each of the buildings and associated parking area to be separately owned.
Proposed Condition 3.1 of Resolution No. 13-55 requires the applicant to submit a copy of the
proposed Covenants, Conditions, and Restrictions (CC&Rs) for review and approval by the City
and City Attorney's office to ensure that maintenance responsibilities are specified. The CC&Rs
will regulate, among other items, shared/reciprocal parking and access, shared maintenance and
assessment. exterior improvements. etc.
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Figure 2: Site Plan / Proposed Subdivision
City Council Report
TPM 2012-137 & CUP 2012-14
July 16, 2013
Page 4
The main modification requested in the proposed Parcel Map is a new property line between the
buildings at 15621 Red Hill Avenue (proposed Parcel 1) and 15661 Red Hill Avenue (proposed Parcel
2). Figure 2 identifies the new property line, which would be located along a parking lot drive aisle
between Parcel 1 and Parcel 2 The property line between 15641 Red Hill Avenue (Parcel 3) and
15661 Red Hill Avenue (Parcel 2) is existing and no reconfiguration is proposed. In addition, no
change to the perimeter property line is proposed.
Proposed Improvements
No building demolition, construction or on-site modifications are proposed in conjunction with the
Parcel Map application. The only improvements that will directly result from project approval are
the reconstruction of two (2) existing driveways and construction of a sidewalk along Bell Avenue
within the public right-of-way.
Review by Outside Agencies
In accordance with Section 66453 of the California Government Code (Article 3 of the Subdivision
Map Act), the local agency (City of Tustin) is required to transmit one (1) copy of the proposed
tentative map to other local agencies having jurisdiction. As such, a copy of the proposed Parcel
Map was routed to thirteen (13) outside agencies having jurisdiction over, or a title interest in, the
subject property for review and/or recommendations. One comment, from Southern California
Edison (SCE), was received on June 27, 2013, stating that the proposed tentative parcel map will
not unreasonably interfere with SCE easements or facilities within the proposed map boundaries.
Parking
The existing uses within the buildings are comprised of R&D and office uses. As proposed, each
of the new parcels will have one building with the surrounding associated parking as follows:
Parcell
15621 Red Hill Ave.
Parcel
15661 Red Hill Ave.
Parcel
15641 Red Hill Ave.
_Office SF — — -- -- ------ 34,082
R & D Use _ _ _ _ _ 3,566
--- --- 33,868
1_4,306
_- -- - ----- 43,829
3,453
Warehouse SF 980
_ _
0
_ _
0
Total SF 38,628
48,174
47,282
Required Parking 145
164
182
Parking Provided 247
126
173
Total Parking
Required
491
Total Parking
Provided
546
There are 546 existing parking spaces on the property, and 491 spaces are required for the
existing office and R&D uses. As proposed, the existing parking provided throughout all three
parcels supplies more than the required parking spaces and is able to accommodate potential
future conversion of R&D and warehouse square footage to office space. Condition of Approval
3.1h requires the CC&Rs to include a provision that addresses possible future conversion or
addition of tenant space and effects on shared parking and/or parking space allocation.
City Council Report
TPM 2012-137 & CUP 2012-14
July 16, 2013
Page 5
ENVIRONMENTAL:
This project is categorically exempt from further environmental review pursuant to the California
Environmental Quality Act (CEQA) Section 15315, Class 15 "Minor Land Division" and Section
15301, Class 1, "Existing Facilities."
FINDINGS:
In determining whether to approve the Tentative Parcel Map and Conditional Use Permit for the
project, the City Council must determine whether or not the proposed use will be detrimental to the
health, safety, morals, comfort, or general welfare of the persons residing or working in the
neighborhood, 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. A decision to
approve this request may be supported by the following findings:
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.
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.
8) The proposed joint -use parking, 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.
City Council Report
TPM 2012-137 & CUP 2012-14
July 16, 2013
Page 6
9) 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.
.1e --�4
Edmelynne 1C:' Hutter
Associate Planner
Attachments:
A. Location Map
B. Tentative Parcel Map No. 2012-137
C. City Council Resolution No. 13-55
Elizabeth A. ffinsack
Director of Community Development
ATTACHMENT A
LOCATION MAP
LOCATION MAP
TPM 2012-137, CUP 2012-14
156215 15641, & 15661 RED HILL AVE.
0 3501
i
i
ATTACHMENT B
TENTATIVE PARCEL MAP NO. 2012-137
wwslsi- PER _� MP,£hE_R AIENUE (PUB(]
PMCEL MAP. it%I Na0']]31 E
PMB 86136. /{7.aF/T>/✓ 1/✓V '"/%(1t`'/✓Tg UG
3, IF PER ALTs APN -590-233-19
nrrvEY, DATFTD
Ec-L— _—
EXISTING ZONE'.
PLANNED COMMUNITY DISTRICT PER
ORDINANCE NO. 400 - GROUP II
INDUSTRIAL
- ..
I
TENTATIVE PARCEL MAP 2012-137
BEING A SUBDIVISION OF LOT 1 OF TRACT NO. 7721, AS SHOWN ON A MAP RECORDED IN BOOK 347, PAGES 35 AND
36 OF MISCELLANEOUS MAPS AND PARCEL 2, AS SHOWN ON MAP FILED IN BOOK 66, PAGE 36 OF PARCEL MAPS
BOTH IN CITY OF TUSTIN, RECORDS OF COUNTY OF ORANGE, STATE OF CALIFORNIA.
(FOR CONVEYANCE PURPOSE)
EX. BLOC
Ia
PER 'm k1H1'510.
PC DRNEWAY & PARKING
/NOSE107 STIfEET
6—
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2
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PARCEL /
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NFW TENT. PARCEL MAP 2012-137
10M sORM DRAN T
TRACT
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PARCEL 2
AN EASEMENT FOR THE PURPOSE
SiFEET ADDRESS
15621 RED HILL AVENUE 15661 REO HILL AVENJE
1
UNDERGROUND LIN
o1
o
Al2 I 65,446 SP (1.962 AC
93,110 SF $.138 AD)
CONDUITS AND APPURTENANT
I
5.
25050 BE
FIXTURES AS RECORDED IN BOOK
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gall
W
Lr 1
31,082 SF
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2 138 ACRE
W
RECORDS.
3,566 5F
14,306 SF
3,453 BE
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WATER. SEWER & SO LINES AS NOTED
EXISTING L9611LO/NG
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15641 REO 17&1 ATENUE
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PARKING PROVIDED
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SURFACE PARKING
76
121
171
HANDICAP PARKING
4
5
]
PARKING STRUCTURE
165
o
-30 N
TOTAL PARKING PROVIDED
1 247
126
1 173
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TENTATIVE PARCEL MAP 2012-137
BEING A SUBDIVISION OF LOT 1 OF TRACT NO. 7721, AS SHOWN ON A MAP RECORDED IN BOOK 347, PAGES 35 AND
36 OF MISCELLANEOUS MAPS AND PARCEL 2, AS SHOWN ON MAP FILED IN BOOK 66, PAGE 36 OF PARCEL MAPS
BOTH IN CITY OF TUSTIN, RECORDS OF COUNTY OF ORANGE, STATE OF CALIFORNIA.
(FOR CONVEYANCE PURPOSE)
EX. BLOC
Ia
DEMAND AND
EXISTING PROVIDED TABLE
/NOSE107 STIfEET
1
ILT
2
A,?/✓ 4:99-23:9-17
PARCEL /
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NFW TENT. PARCEL MAP 2012-137
10M sORM DRAN T
TRACT
LOi NUMBER
PgRCEL 1
PARCEL 2
AN EASEMENT FOR THE PURPOSE
SiFEET ADDRESS
15621 RED HILL AVENUE 15661 REO HILL AVENJE
1
UNDERGROUND LIN
o1
o
Al2 I 65,446 SP (1.962 AC
93,110 SF $.138 AD)
CONDUITS AND APPURTENANT
I 16,339 SF
25.314 51
25050 BE
FIXTURES AS RECORDED IN BOOK
3o
\µ9L
TRACT BOUNDARY
LOT LINE (NEW)
11350. PAGE 507 OF OFFICIAL
31,082 SF
/
43,839 5F
RECORDS.
3,566 5F
14,306 SF
3,453 BE
WAREHOUSE USE AREA
H/(
-
WATER. SEWER & SO LINES AS NOTED
1.11 USE AREA
38,628 SF
OF IT
4],282 V
/
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PUNNED CONDIGN00 OISFRICi PER
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- INDUSTRIAL
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(THREE '-0,9 S/
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=CSED MBO _ _ r/LL,T- J7/ e. .,'5/
_¢ w„EX .OF PfIRCZ'L
1962 ACRES
EXISTING 9U/LO/NG
-� 15667 REO HILL AVENUE
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PARKING
DEMAND AND
EXISTING PROVIDED TABLE
_
BUILMNG NUMBER
Y
2
3
PARCEL /
'(
NFW TENT. PARCEL MAP 2012-137
10M sORM DRAN T
TRACT
LOi NUMBER
PgRCEL 1
PARCEL 2
PgRLEI 3
SiFEET ADDRESS
15621 RED HILL AVENUE 15661 REO HILL AVENJE
15691 PEDXILL AVENUE
LOT SIZE PflOPOSEO)
90.136 SF 2.069
Al2 I 65,446 SP (1.962 AC
93,110 SF $.138 AD)
BUILMNG FOOTPRINT AREA
I 16,339 SF
25.314 51
25050 BE
I
n
Yu
3o
ITRACTNO. 7721
jcyqr^1
TRACT BOUNDARY
LOT LINE (NEW)
OFF LE USE AREA
31,082 SF
33,858 5E
43,839 5F
R k D USE AREA
3,566 5F
14,306 SF
3,453 BE
WAREHOUSE USE AREA
900 BE
-
WATER. SEWER & SO LINES AS NOTED
1.11 USE AREA
38,628 SF
40,174 BE
4],282 V
/
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MKIYUNG DEMAND CALCNATION-
BELL AVENUE
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OFFICE USEAREA
136
135
1]5
R & D VSE AREA
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29
T
WAREHOUSE USE ARU
1
0
(1
SUBTOTAL, PARKING GEMMING
I 144
169
102
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C, C I INDICATES EXISTING TREE
ha'
PARKING PROVIDED
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Pi01FCI-M_p,A(f ry TEL ELEC2 STORM
SURFACE PARKING
76
121
171
HANDICAP PARKING
4
5
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PARKING STRUCTURE
165
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TOTAL PARKING PROVIDED
1 247
126
1 173
T1
GE Li TRASH
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EA
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PAR(. /i/> J
2.069 ACRES
TOTAL DEMAND: 491 STALLS AND TOTAL 546 STALLS ARE PROVIDED.
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SHEET INDEX:
_
SHEET I: TENTATIVE MAP
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SHEET 2: PARKING LOT & PARKING STRUCTURE PLAN
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SHEET 3; EXISTING SITE GRADE - LOTS 1 AND 2.
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SHEET 4 EXISTING SITE GRADE - LOT 3
10M sORM DRAN T
TRACT
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4 VCHT-N LINE
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NOTE:
EXISTING BOUNDARY AND Siff INFORMATION FRE
BUSED ON THE ALTA. AOSAL LAND TRIE
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ALL EXISTING SOF WAIX, CURB. CURER, PAVEMENT AND VTNTIES WITHIN THE
STREET RIGHT -OF -COAT SFIPIL BE PROTECTED IN PGCE (TINA)
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GENERAL NOTES: TO 629-J7. 830-A7
EXISTING ZONING AND PROPOSED ZONING:
PLANNED COMMUNITY DISTRICT PER ADOPTED ORDINANCE NO. 400 AND AMENDED ORDINANCE
NOS 816. (INDUSTRIAL / BUSINESS).
I. THE PROJECT CONTAINS TWO EXISTING PARCELS.
THE PROPOSED SITE HAS A TOTAL OF THREE (3) COMMERCIAL USE PARCELS,
2. TOTAL PARCEL GROSS AREA = 6.168 ACRES AND NET ARG=6.168 ACRES.;
3. RFD HILL AVENUE AND BELL AVENUE ARE PUBLIC STREETS.
4. NO ON-SITE IMPROVEMENT OR CONSTRUCTION FOR THE PROJECT,
S. LOT DIMENSIONS SHOWN HEREON ARE BASED ON THE ALTA SURVEY, PREPARED BY CAL
N
VA, DATED APRIL 5 2012.
6. THE SI SETBACK LINES FOR ANY NEW BUILMNG(5) SHALL BE SEE As FOLLOWING
UNLESS WHERE NOTED.
RED HILL AVENUE.: 30'
BELL AVENUE: 30'
RGA AND SIDE YARD'. 10'
]. AVERAGE SLOPE OF BOTH FEASIBLE ACCESS ROOM AND FEASIBLE BUILDING S9£
DOES NOT EXCEED TOM PERCENT (10%)
B. AT THE TIME OF NEW BUILDING PERMIT APPLICATION, THE PIANS SNALL COMPLY WITH THE
CURRENT EDITION OF THE CODES'. 2010 CALIFORNIA BUILDING STANDARDS CODE. 2011 GREEN
BUILMNG CODE AND CITY ORDINANCES.
9, APN: 430-233-19
10, PROJECT Is NOT PHASED.
11, THE TENTATIVE PARCEL MAP INCLUDES THE ENTIRE CONTIGUOUS OWNERSHIP OF THE LAND.
12, AN UPDATED CC&R AND INGRESS/EGRESS/RECIPROCAL PARKING EASEMENT, WHICH INCLUDE
15621, 15641 & 15661 RED HILL AVENUE, ARE REQUIRED BY A SEPARATE INSTRUMENT.
CITY OF TUSTIN
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STATEMENT OF OWNERSHIP: OWNER: CIVIL ENGINEER: REVISIONS
HEREBY STATE THAT I AM THE PROPERTY OWNER CENTURION PIAZA, LLC RppTE95g1 N0, DATE DESCRIPTION - TENTATIVE PARCEL MAP 2012-137 1
of RECORD AND HAS KNOWLEDGE OF AND CONSENT C/O NEWPORT REAL ESTATE SERVICES, INC. FOCUS ENGINEERING, INC. t$�3]eu9 tm F�
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36 OF MISCELLANEOUS MAPS AND PARCEL 2, AS SHOWN ON MAP FILED IN BOOK 86. PAGE 36 OF PARCEL MAPS
BOTH IN CITY OF TUSTIN. RECORDS OF COUNTY OF ORANGE, STATE OF CALIFORNIA.
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WESTERLY CORNER OF iC INTERSECTION OF REDHILL AVENUE
AND VATENGN AYENUE. 89 E1. NORTHWESTERLY OF TAE
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ATTACHMENT C
CITY COUNCIL RESOLUTION NO. 13-55
RESOLUTION NO. 13-55
A RESOLUTION OF THE CITY COUNCIL APPROVING
TENTATIVE PARCEL MAP (TPM) 2012-137 AND
CONDITIONAL USE PERMIT 2012-14 TO SUBDIVIDE AN
EXISTING 6.17 -ACRE PROPERTY INTO THREE (3)
NUMBERED LOTS FOR CONVEYANCE PURPOSES AND
ESTABLISH JOINT -USE PARKING FOR THE
PROPERTIES LOCATED AT 15621, 15641, AND 15661
RED HILL AVENUE.
The City Council does hereby resolve as follows:
I. The City Council 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 on June 25, 2013, the Planning Commission adopted Resolution No.
4226, recommending the City Council approve Tentative Parcel Map 2012-
137 and Conditional Use Permit 2012-14;
E. That a public hearing was duly called, noticed, and held for TPM 2012-137
and CUP 2012-14 on July 16, 2013, by the City Council;
F. 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
Resolution No. 13-55
TPM 2012-137 & CUP 2012-14
Page 2
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.
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.
G. That the City's Public Works Department has reviewed the map and
determined that, as conditioned, it is technically correct.
H. That the establishment, maintenance, and operation of the proposed joint -use
parking 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:
1. The proposed joint -use parking, 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 joint -use parking, as conditioned, will ensure the
availability and maintenance of reciprocal access and parking spaces by
recording Covenants, Conditions, and Restrictions to the property titles.
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).
J. 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).
Resolution No. 13-55
TPM 2012-137 & CUP 2012-14
Page 3
II. The City Council approves 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 conditions contained in Exhibit A attached hereto.
PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting
on the 16th day of July, 2013.
ELWYN A. MURRAY
MAYOR
r_llmr�41n
JEFFREY C. PARKER
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Jeffrey C. Parker, City Clerk and ex -officio 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. 13-55 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 16th day
of July, 2013, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
JEFFREY C. PARKER
CITY CLERK
EXHIBIT A
RESOLUTION NO. 13-55
TENTATIVE PARCEL MAP 2012-137
CONDITIONAL USE PERMIT 2012-14
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped July 16, 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 CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTION
Exhibit A
Resolution No. 13-55
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.
(1) 1.9 At the time of Final Map submittal, the applicant shall also submit two (2)
copies of an up-to-date title report.
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.
Exhibit A
Resolution No. 13-55
TPM 2012-137 & CUP 2012-14
Page 3
The applicant shall submit to the Public Works Department 24" x 36"
reproducible street improvement plans and construction area traffic
control 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.
(1) 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 Iinotype
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
(1) 3.1 Prior to recordation of the final map, all organizational documents for the
project 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.
Exhibit A
Resolution No. 13-55
TPM 2012-137 & CUP 2012-14
Page 4
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.
1. 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.
e. Membership in the association shall be inseparable from ownership
in individual parcels.
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.
Exhibit A
Resolution No. 13-55
TPM 2012-137 & CUP 2012-14
Page 5
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 on-site operations are altered and on-site parking
demands are exceeded, and 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 parking, the applicant shall be required
to provide immediate interim and permanent 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.