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HomeMy WebLinkAboutC.C. RES 03-29RESOLUTION NO. 03-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE PARCEL MAP 2002-237 TO APPROVE TENTATIVE PARCEL MAP 2002-237 TO SUBDIVIDE A 38.04-ACRE PARCEL LOCATED AT 1123 WARNER AVENUE INTO A 22.61-ACRE PARCEL AND A 15.43-ACRE PARCEL TO ACCOMMODATE EXISTING AND FUTURE INDUSTRIAL DEVELOPMENT The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That Voit Development submitted Tentative Parcel Map 2002-237 to subdivide an existing 38.04-acre parcel into two lots of 22.61 acres and 15.43 acres to accommodate development plans approved by Design Review 02-036, which authorized the demolition of 508,674 square feet of existing warehouse area and the rehabilitation of 469,903 square feet of the remaining warehouse area to be used as a warehouse with accessory officeS and a showroom for a tile manufacturer and distributor, and related site improvements at 1123 Warner Avenue; B, That a public hearing was duly called, noticed and held for said map on February 24, 2003 by the Planning Commission, and the Planning Commission recommended that the City Council approve the project; C. That a public hearing was duly called, noticed and held for said map on March 3, 2003 by the City Council; D. That the proposed project involves the subdivision of less than four (4) parcels and 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); E. That the proposed subdivision is in conformance with the Tustin Area General Plan, Tustin Zoning Code, Planned Community Industrial District Regulations, 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 site is physically suitable for the proposed density of development; H. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; Exhibit A Resolution No. 03-29 TPM 2002-237 March 3, 2003 Page 2 I. That the design of the subdivision or the type of improvements proposed will not conflict with easements acquired by the public, for access through or use of the property within the proposed subdivision; and, J. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. II. The City Council hereby approves Tentative Parcel Map 2002-237 to subdivide an existing 38.04-acre parcel into two lots of 22.61 acres and 15.43 acres to accommodate development plans approved by Design Review 02-036, which authorized the demolition of 508,674 square feet of existing warehouse area and the rehabilitation of 469,903 square feet of the remaining warehouse area to be Used as a warehouse with accessory offices and a showroom for a tile manufacturer and distributor, and related site improvements at 1123 Warner Avenue, 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_ March, 2003. Tracy Wills WORLEY MAYOR PAMELA STOKER CITY CLERK Exhibit A Resolution No. 03-29 TPM 2002-237 March 3, 2003 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS I, Pamela Stoker, 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. 03-29 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 3rd day of March, 2003, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: WORLEY, KAWASHIMA, BONE, DAVERT, THOMAS NONE NONE NONE EI~-STO'KE R CITY CLERK GENERAL EXHIBIT A TENTATIVE PARCEL MAP 2002-237 RESOLUTION NO. 03-29 CONDITIONS OF APPROVAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped February 24, 2003 on file with the Community Development Department, as herein modified, or unless otherwise indicated, 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 prior to recordation of the final map for the project, subject to review and approval of the Community Development Department. (1) 1.3 The subject approval shall become null and void unless a final map is submitted for review and approval within twenty-four (24) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Tentative Parcel Map 2002-237 is contingent upon the applicant and property owner signing and 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 "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. SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A City Council Resolution No. 03-29 March 3, 2003 Page 2 (1) 1.5 As a condition of approval, 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. (1) 1.6 A draft reciprocal access and circulation agreement shall be submitted to the Community Development Department for review and approval prior to recordation of the final map. MAP SUBMITTAL (1) 2.1 Deleted (1) 2.2. The applicant shall comply with all conditions of approval identified in Design Review 02-036, as approved by the Community Development Director on February 19, 2003. All demolition identified in Design Review 02-036 shall be completed prior to recordation of the final map so that no portion of the existing building will cross a property line. (1) 2.3 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act and the City's Subdivision Ordinance. (1) 2.4 As required by the Subdivision Map Act, the subdivider shall execute a Subdivision and Monumentation Agreement and furnish the Improvement/Monumentation Bonds as required by the City Engineer prior to recordation of the Final Map. (3) 2.5 This subdivision 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. (3) 2.6 A thirty (30) foot "No Build" easement shall be identified on the reference site plan along the west property line of Parcel 2 to comply with Section 505.2 of the 2001 California Building Code for allowable floor area. The thirty (30) foot is half of the required sixty (60) foot side yard setback from the reconfigured building to be located on Parcel 1. Exhibit A City Council Resolution No. 03-29 March 3, 2003 Page 3 (1) 2.7 The applicant shall dedicate in fee all remaining roadway easements along Bell Avenue and Warner Avenue to the City of Tustin. CC&Rs (1) 3.1 Prior to approval of the final map, a maintenance easement shall be recorded at the County-Clerk Recorder's office identifying the party responsible for maintaining the easement area including hardscape and landscape improvements therein at the Pullman Street entrance. The maintenance easement shall be submitted to and approved by the Community Development Department and the City Attorney prior to recordation of the final map. The applicant shall be responsible for costs associated with the review of these documents. A copy of the final documents shall be submitted to the Community Development Department within five (5) days after their recordation. ORANGE COUNTY FIRE AUTHORITY (5) 4.1 Prior to recordation of Final Parcel Map 2002-237, the applicant shall obtain all necessary approvals from the Orange County Fire Authority. FEES (1) 5.1 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 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 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.