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HomeMy WebLinkAboutPH 1 T.T. MAP 92-231 04-05-93PUBLIC HEARING N0. 1 r N D 4-5-93. 1 � DATE: APRIL 5, 1993 I n t e r- C o m �Y.F�W� TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: TENTATIVE PARCEL MAP 92-.231. RECOMMENDATION It is recommended that the City Council approve Tentative Parcel Map 92-231 by adoption of Resolution 93-28, as submitted or revised. FISCAL IMPACT This proposed subdivision will not generate any additional costs to the City, since the development is existing and the proposal only involves a change in the type of ownership. BACKGROUND The subject property was developed in 1979 with three commercial office buildings, totalling approximately 14,440 square feet and including 59 parking spaces. At that time, the property was located within Orange County unincorporated area and zoned Professional and Administrative. In 1982, the County adopted the North Tustin Specific Plan which changed the conditional use designation for this site to Residential Garden Office. The City of Tustin annexed this property in 1989 along with several others and approved a zone change entitled the Newport -Warren Planned Community. The provision of the Newport -Warren Planned Community are consistent with the standards established by the North Tustin Specific Plan. On March 8, 1993, the Planning Commission held a public hearing on the proposed Tentative Parcel Map and adopted Resolution No. 3122 recommending City Council approval of Tentative Parcel Map 92-271. The subject site, situated on located in the Newport -Warren P project is bounded by Planned C Single family residences are lc Newport Avenue and to the west located in the unincorporated South of the subject site is Public and Institutional (PI). the west side of Newport Avenue is lanned Community (PC) District. The ommunity (PC) District to the north. cated to the east of the site across of the site. These residences are areas within the County of Orange. the Baptist Church, which is zoned City Council Report Tentative Parcel Map 92-031 April 5, 1993 Page 2 A public hearing notice identifying the time, date and location of the public hearing on this project was published in the Tustin News. Property owners within 300 feet of the site were notified of the hearing by mail and notices were posted on the site, at City Hall and the Police Department. The applicant was informed of the availability of a staff report. PROJECT DESCRIPTION/SITE PLAN The applicant proposes to subdivide this property to create three commercial condominiums so that each building could be under separate ownership. The proposal is a single lot subdivision, whereby each of the three condominium units is only the airspace within the building, similar to a residential condominium. There are no lot lines between the buildings and the condominium owners do not own the land beneath the buildings. The common area (landscaping, parking, driveways, land under the building, etc.) are jointly owned by all three condominium owners. The tenant spaces within each building can be improved as each owner desires, in accordance with applicable City and Building Code requirements. However, individual tenant spaces within a building could not be sold. The site contains three, two story wood framed structures, varying in size from approximately 3,400 square feet to 5,600 square feet. The site is a little over one acre in size and has a 50 foot wide easement across the southeasterly boundary which has been improved for street purposes (Newport Avenue). There is one 28 foot wide driveway off of Newport Avenue to the site which serves both parking areas. There are a total of 59 parking spaces provided on site. As a condition of approval, a reciprocal easement for parking, vehicular and pedestrian access is required to ensure that the project site is maintained as a unified center. Individual parking spaces would not be assigned to the separate buildings, but would remain as common area for all buildings. This reciprocal easement will also be included within the CC&R's. Two of the buildings front onto Newport Avenue and are connected by an outdoor staircase and balcony. The third building is located toward the rear of the property and is surrounded by parking lots on two sides. There is an existing trash enclosure servicing the site. Numerous mature trees surround the buildings and provide buffer from Newport Avenue and the parking area. There is ground cover and shrubbery throughout the site. City Council Report Tentative Parcel Map 92-031 April 5, 1993 Page 3 ANALYSIS In order for the City Council to approve this subdivision it must be determined that the proposal is in compliance with applicable zoning requirements. The Garden Office district regulations include professional offices as a permitted use. There are no restrictions or limitations on the type of ownership for such uses. Therefore, the proposed use and ownership is consistent with the zoning regulations. The Garden Office District standards of the Newport -Warren Planned Community and existing conditions are outlined in the Statistical Summary (Attachment A). The development satisfies most of the development standards of the Garden Office District. However, since this property was developed prior to adoption of existing City Zoning standards, the development is considered a legal non -conforming use with respect to front yard building setbacks and required buffer areas. The Tustin Municipal Code provisions regarding non -conforming uses allows for approval of a discretionary action, provided that the approval would not result in the enlargement, extension, reconstruction or structural alteration of the non -conformity. Since the sole purpose of this subdivision application is to allow for individual ownership of each building and there are no modifications proposed to the buildings or the site, the project would not be required to comply with the development standards of the Garden Office District. CONCLUSION The proposal is consistent with the provisions of the municipal code, the City's Subdivision Ordinance and the Subdivision Map Act, in that the purpose of the subdivision is to allow for individual ownership of each building. Staff recommends that the City Council approve this Tentative Parcel Map. Sara Pashalides Associate Planner Attachments: vicinity Map Attachment A Tentative Parcel Map Resolution No. 93-28 CCRPT 92-231.SP 92-231 Christine Sh' gleton Assistant Ci y Manager LOCATION MAP,,Z" z NEWPORT - WARREN PLANNED COMMUNITY REGULATIONS SITE SITE R4 IT 41411-15 SITE LEGEND R.YJ4ni415"k C0 GO Tl- '.T- 'Xilp" X'L 100 loioo R R3 10, c PD .00 PD R - NO SCALE VICINITY MAP Q,41W, .1-n:.5,If WIJILN16 NIS1Lll IT 41411-15 SITE LEGEND R.YJ4ni415"k C0 GO Tl- '.T- 'Xilp" X'L 100 loioo R R3 10, c PD .00 PD R - NO SCALE VICINITY MAP ATTACHMENT A STATISTICAL SUMMARY TENTATIVE PARCEL MAP 92-231 Gross Site Area Building Lot Street Easement Lot Area Site Coverage Building Height Site Width B1dg.Setbacks Front Yard Side Yard Rear Yard Parking Residential Buffer (at rear property line) Requirement N/A N/A N/A 10,000 sq ft min 35% maximum 2 Stories max., not to exceed 35 feet. 75 ft. min. 15 ft. min., with an average of 20 ft. 5 feet 20 feet 58 (1/250 sq ft. of gross floor area) 8 ft. wide land- scaped area 6 ft 8 in. high masonry wall Existing 50,305 sq ft. 39,248 sq ft. 11,057 sq ft. 39,248 sq ft. 19% 2 stories, 27 ft height 211 ft. 10 ft. min., average of 13 ft 10 feet 63 feet 59 spaces 3 feet wide No wall, hedge only TENTATIVE PARCEL MAP 92-231 FOR CONDOMINIUM PURPOSES M THE CITY OF TUSTN, COUNTY OF ORANGE, STATE OF CALIFORNIA BEING A PORTON OP LOT 11 Of TRE IANDERUP • ROWN 1RACT. A5 SNOW O1 A YAP RECORDED IN BOON S. PAGE 160 CP RISC. RECORDS O LOS WGE1£S CO NW. C. OSNIA DATE OF PREPARATION: FES. 22, 1993 EXISTING : EDSING LAND USE: I LOT. 3 WOOD -PRAYED TM STOP, OPIm 611MINC5 PAWR G RE'DRED. 5e SPACES PARKING PROM , 50 WAGES OCCWANCY PE. GARDEN ORICE 2O11NG PROPOSED. PROPOSED uK` USE: VNGLE LOT AIRSPACE weDIN51g1 CREATING TMREE COMMERCIAL CONDOMS. RECPI EASEMENT AGREEMENTS. AND/OR CC.e R.'S. TO PRONDE YVTJK ACCESS. PARNWG AND YMMIAWENCE. GENERAL NOTES: AREA 50.305 SE. GROSS (1155 Ae.) ]m.. SE. NET (a., M.) E—NO WDEN OFICE LAND VS[ DEAWATON O TME NEMPORT-WARREN PLANNED CMNONIn.. JYSJn NRKYdfs: SEWERORANGE CO. SANITATION DISTRICT GAS' SWTNEW CAUFOMIA CAS CO. ELECTMC: SOUTHERN CAUEONMA EDISON CO. TEIEPNDNEI RA.f BEu C.AJV.:CWUUMIY CABLE NSIM WATER: CIV CP NSTSN WATER PRDNDED ERW Ifi MAM SITE / I VICINITY MAP H.T.S. IN NEWORT AYE: � U r+ STATIC PRESSURE, 4.000RWin B ] PSI rwiNM / +++ 50.0' 500' ' ��� e. o' I--42.0' zz..e' A. \ NEWPORT AVENUE SSS I L \ / \6G I O; \.f . / O \ \ �, / TDA D" / •1Y ezC IP / \ �� \^ '. j, LITO P i SP1• \ � / all o Atq OWNER SUBDIVIDER: JAMES 8 TRICIA LONDON .CRo OQ` 1360 W. 6TH ST., STE. 305 SAN PEDRO. CA 90732 `fE (310) 833-1670 T. 20' 1 S IS TO CERTRT MAT THE PRCIIOWERS OP RECCb CONNER. TO THE SUNG OF TMS MNTAVA PARCEL MW. Bx1�aEcsDN wTIROM2ED AGENT RENSIONS- i wAA SOW PREPARED BY: momma —R\C ENGINEERING ONi L-tJ-fT Bft1AN J�DLEESON RLE 15126 EMP. 12/31/94 p /}I)P M/L-Sl 4D. R RE. .MOOFU 86 1. 1 2/22111 REV. PER Ctt TUSTIN LETTER DATED 2/22/03 86 .0,1 OAF_ I BY i wAA SOW PREPARED BY: momma —R\C ENGINEERING ONi L-tJ-fT Bft1AN J�DLEESON RLE 15126 EMP. 12/31/94 1 2 3' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 RESOLUTION NO. 93-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE PARCEL MAP NO. 92-231 The City Council of the City of Tustin does hereby resolve as follows: I_ The City Council finds and determines as follows: A. That Tentative Parcel Map No. 92-231 was submitted to the Planning Commission by James and Patricia London, for consideration. B. That a public hearing was duly called, noticed and held for said map on March 8, 1993 by the Planning Commission and on April 5, 1993 by the City Council. C. It has been determined that since the project involves the conversion of existing commercial units from single to condominium ownership, it is a minor alteration of existing facilities involving no expansion (Class 1) of use and therefore categorically exempt pursuant to the provisions of Section 15301 of the California Environmental Quality Act. D. That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted Newport -Warren Planned Community, the Tustin Municipal Code and Subdivision Map Act as it pertains to the development of commercial condominiums. E. That the site is physically suitable for this type of development. F. That the site is physically suitable for this intensity of development. G. That, the design of the subdivision or the improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat. H. That 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 the property within the proposed subdivision. 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 Resolution No. 93-28 Page 2 I. That the design of the subdivision or the types of improvements are not likely to cause serious public health problems. II. The City Council.hereby approves Tentative Parcel Map No. 92-231, subject to the conditions attached hereto.and identified as Exhibit A. PASSED AND ADOPTED by the City Council of the City of Tustin on the 5th day of April, 1993. LESLIE ANNE PONTIOUS Mayor MARY E. WYNN City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 93-28 MARY E. WYNN, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Resolution No. 93-28 was duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council, held on the 5th day of April, 1993. COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER:ABSENT: MARY E. WYNN City Clerk EXHIBIT A OF RESOLUTION NO. 93-28 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 92-231 GENERAL (1) 1.1 Within 24 months from tentative map approval, the Subdivider shall file with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9335.08 of the Tustin Municipal Code. (1) 1.2 Unless otherwise specified, the conditions contained in the Exhibit shall be complied with prior to approval of the final map, subject to review and approval by the Community Development Department. (1) 1.3 Prior to sale of units, the Subdivider shall record a final map in conformance with appropriate tentative map. (1) 1.4 Prior to final map approval. A. Subdivider shall submit a current title report. B. Subdivider shall submit a duplicate mylar of the Final Map, or 82 inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape and improvement plans prior to certificate of acceptance. C. Subdivider shall conform to all applicable requirements of the State Subdivision Map Act and the City's Subdivision Ordinance. (1) 1.5 The applicant and property owner shall hold harmless and defend the City of Tustin for all claims and liabilities arising out of the City's approval of the entitlement process for this project. (1) 1.6 The applicant and property owner shall sign and return the "Agreement to Conditions" form. ------------------------------- 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. 93-28 Page 2 CCR'8 (1) 2.1 Prior to approval of the final map, all organizational (3) documents for the project including any deed (8) restrictions, covenants, conditions, and restrictions shall be submitted to and approved by the Community Development Department and City Attorney's Office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department after their recordation. CCR's shall include but not be limited to the following provisions: A. Since the City is interested in protecting the public health and safety and ensuring the quality and maintenance of common areas under control of an Association, the City shall be included as a party to the CCR's for enforcement purposes of those CC&R provisions in which the City has interest, as reflected by the following B through K. However, the City shall not be obligated to enforce the CCR's. B. The requirement that association bylaws be established. C. Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, parking areas, walls and fences, private roadways (i.e., sidewalks and signs. D. Membership in any Association shall be inseparable from ownership in individual lots. E. 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 patios, sunshades, trellises, gazebos, awnings, additions, exterior mechanical equipment, television and radio antenna. F. Maintenance standards shall be provided for applicable items listed in Section C above in CCR's. Examples of maintenance standards are shown below: All common area landscaping visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, free of debris and free of weeds above the level of the lawn. All planted areas other than lawns shall be free of weeds, dead vegetation and debris. All trees and shrubs shall be trimmed so xhibit A Resolution No. 93-28 Page 3 they do not impede pedestrian traffic along the walkways. Trees shall be pruned so they do not intrude into neighboring property and shall be maintained so they do not have droppings or create other nuisances to neighboring property. 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 paseo shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations and debris on travel ways 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, or that such a condition of deterioration or disrepair cause harm or is materially detrimental to property values or improvements within three hundred (300) feet of the property may also be added as alternative language. G. Association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CCR's. H. Parking spaces shall be permanently and irrevocably assigned to individual condominium units at a rate of 1 parking space per 250 square feet of office area. A minimum of 58 parking spaces shall be maintained on the property, based upon current square footages of existing buildings. I. All utility services serving the site shall be installed and maintained underground. J. The Association shall be required to file the names, addresses, and telephone numbers of at least one member of the Association Board and where applicable, a Manager of the project before January 1st of each year with the City of Tustin Community Development Department for the Exhibit A Resolution No. 93-28 Page 4 purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC&R violations. K. No amendment to alter, modify, terminate or change the Association's obligation to maintain the common areas and the project perimeter wall (include if the wall is located on private property) or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be effective without the prior written approval of the City of Tustin Community Development Department. FEES (1) 3.1 Prior to issuance of any building permits, payment shall (3) be made of all required fees including: (6) (9) A. Major thoroughfare and bridge fees to Tustin Public Works Department. B. Sanitary sewer connection fee to Orange County Sanitation District. C. All applicable Building plan check and permit fees to the Community Development Department. D. New development fees to the Community Development Department. FIRE DEPARTMENT (5) 4.1 Prior to the approval of any final parcel map, submit to the Fire Chief evidence of the type of on site fire hydrant system (public or private). Show the double detector, valves and PIV locations. If the system is private, provisions shall be placed in the CC&R's for the repair and maintenance of the system. (5) 4.2 Prior to the approval of any final parcel map, submit to the Fire Chief, underground water plans for any automatic fire sprinkler system. If the sprinkler system is shared or connected between structures, provisions shall be placed in J' the CC&R's for the repair and maintenance of the system. (5) 4.3 Prior to the recordation of a final parcel map, evidence that a water supply for fire protection is available shall be submitted to and approved by the Fire Chief. xhibit A .resolution No. 93-28 Page 5 PUBLIC WORKS (7) 5.1 Construction or replacement of any missing or damaged public improvements adjacent to this development will be required and shall include, but not be limited to the following.: a) curb and gutter b) sidewalk c) street paving d) street lights (7) 5.2 This development will require annexation to the Tustin Landscape and Lighting District. The City of Tustin Public Works Department will require a letter from the owners of the property stating that they will not protest said annexation. (7) 5.3 A reciprocal easement for both vehicular and pedestrian traffic as well as vehicular parking and maintenance of all utility service laterals will be required.