HomeMy WebLinkAboutPH 1 TENT P.M. 93-177 01-03-941-3-94
JANUARY 3, 1994
¥O.' WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUSJECI: TENTATIVE PARCEL MAP 93-177 (PHILIP BETTENCOURT)
RECOMMENDATION
It is recommended that the City Council approve Tentative
Parcel Map 93-177 by adoption of Resolution No. 94-02, as
submitted or revised.
FISCAL IMPACT
There are no fiscal impacts to the City associated with this
project, aSthe Parcel Map was initiated by the applicant and
no financial assistance is being requested.
BACKGROUND
The subject property was developed in 1981 with two industrial
buildings, totalling approximately 84,334 square feet and
including 182 standard, 50 compact, and two (2) handicap
parking spaces. Since that time, two mezzanine areas hav~
been added to the building at 2911 Dow Avenue bringing the
total square footage of the buildings to 86,894 square feet.
In addition, the parking lot has been restriped to include 222
standard and four (4) handicap spaces.
The applicant is requesting authorization to subdivide the
subject property into two parcels. No new development is
proposed for the site at this time. On December 13, 1993, the
Planning Commission adopted Resolution No. 3210 recommending
approval of the proposed Parcel Map (Attachment A).
.,
The subject property, situated on the northerly side of Dow
Avenue, is located in the Irvine Industrial Complex, Tustin
and is zoned Planned Community Industrial (PC-IND). The
project is bounded by light industrial uses in all directions.
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.
city Council Report
TPM 93-177
January 3, 1994
Page 2
PROJECT DESCRIPTION/SITE PLAN
The applicant proposes to subdivide this property to create two
parcels so that each building could be under separate ownership.
The proposal is a two lot subdivision, whereby each of the two
existing buildings would be located on a separate lot. The
proposed lot line would extend from the rear of the property to the
Dow Avenue frontage.
The site is almost five (5) acres in size and has a 12.5 foot wide
easement across the westerly boundary which has been reserved for
rail purposes. The proposed subdivision would create one.2.72 acre
parcel and one 2.21 acre parcel. The larger of the two parcels
(Parcel 1) would contain the 53,422 square foot building located at
2911 Dow Avenue, and the smaller parcel (Parcel 2) would contain
the 33,472 square foot building located at 2961 Dow Avenue.
There are three (3) 27 foot wide driveways off of Dow Avenue to the
site which serve the parking areas. A total of 226 parking spaces
are provided on site, four (4) of which are designated as handicap
spaces. Based on the square footage of office and warehouse uses
on the site, 199 parking spaces are required. This number is
greater than the 196 parking spaces shown on the parking summary of
the subject Parcel Map, because 2,560 square.-feet of mezzanine
storage space was inadvertently excluded from the calculations.
As a condition of approval, a reciprocal easement for parking,
vehicular and pedestrian access is required to ensure that the
parking for the site is maintained, particularly since the proposed
property line would straddle the existing drive aisle and parking
area between the two buildings. 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.
Numerous mature trees surround the property and provide buffer from
adjacent properties. There is ground cover and shrubbery
throughout the site which is consistent with other landscaping in
the Irvine Industrial Complex, Tustin.
As required by the conditions of approval, all trash bins will be
required to be stored within adequate size trash enclosures with
solid metal, self closing, self latching gates and shall be
screened by solid decorative walls of at least six feet in height.
city Council Report
TPM 93-177
January 3, 1994
Page 3
Condition of Approval No. 6.2 requires that a minimum five (5) foot
wide curb adjacent utility clear sidewalk be constructed per City
standards along Dow Avenue adjacent to the site. This is a
standard condition imposed by the City on properties in the Irvine
Industrial .Complex, Tustin whenever significant changes to the
property are proposed·
In order for the City Council to approve of this subdivision it
must be determined that the proposal is in compliance with
applicable zoning requirements. The Planned Community Industrial
standards of the Irvine Industrial Complex District regulations and
proposed conditions are outlined in the Statistical Summary,
Attachment B. The proposed subdivision satisfies all of the
development standards of the Irvine Industrial Complex District
regulations.
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. Based upon the information presented
above and the Planning Commission's recommendation of approval, it
is recommended that the city Council approve Tentative Parcel Map
by adopting Resolution No. 94-02, as submitted or revised.
Scott Reekstin
Assistant Planner
'Christine A.
Assistant City Manager
Community Development
SCR: br:/TPt4 93-177
Attachments:
Location Map
Attachment A - Planning Commission Reso No. 3210
Attachment B - Statistical Summary
Tentative Parcel Map 93-177
Resolution No. 94-02
LOCATION MAP
~ I *T'E
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144~!
NO SCALE
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RESOLUTION NO. 3210
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY
COUNCIL APPROVAL OF TENTATIVE PARCEL MAP NO.
93-177
The Planning Commission of the City of Tustin does hereby
resolve as follows:
.
I. The Planning Commission finds and determines as
follows: i
Bo
That Tentative Parcel Map No. 93-177 was
submitted t° the Planning Commission by Mr.
Philip Bettencourt, for consideration.
That a public hearing was duly called, noticed
and held for said map on December 13, 1993 by
the Planning Commission.
It has been determined that this project is
categorically Exempt (Class 15) pursuant to
the provisions of Section 15315 of the
California Environmental Quality Act.
De
That the proposed subdivision is in
conformance with the Tustin Area General Plan,
the Irvine Industrial Complex District
Regulations, the Tustin Municipal Code and
Subdivision Map Act.
Ee
~That the design of the subdivision is not
likely to cause substantial environmentali
damage or substantially and avoidably injure
fish or wildlife in their habitat.
Fe
That the design of the subdivision will not
conflict with easements acquired by the
public-at-large, for access through or use of
the property within the proposed subdivision.
That the design of the subdivision is not
likely to cause serious public health
preblems.
II. The Planning Commission hereby recommends to the
city Council approval of Tentative Parcel Map No.
93-177, subject to the conditions attached hereto
as Exhibit A.
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Resolution No. 3210
Page 2
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 13th day of December,
1993.
Secretary
Chairperson
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN CLANCY, the undersigned, hereby certify that
I am the Recording Secretary of the Planning Commission
of the City of Tustin, California; that Resolution No.
3210 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 13th day of'
December, 1993.
Recording Secretary
EXHIBIT A
RESOLUTION NO. 3210
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 93-177
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 the sale of the individual buildings, the Subdivider
shall record the Final Map in conformance with appropriate
tentative map.
(1) 1.4 Prior to final map approval:
A. Subdivider shall submit a current title report.
Be
Subdivider shall submit a duplicate mylar of the Final
Map, or 8½ 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.
Ce
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.
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SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (?) PC/CC POLICY
(4) DESIGN REVIEW
*** EXCEPTION
Exhibit A
Conditions of Approval
Tentative Parcel Map 93-177
Page 2
(1) 1.6 The applicant and property owner shall sign and return the
"Agreement to Conditions Imposed" form.
CCR'S
(1) Z.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:
ao
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.
Ce
Provisions for effective establishment, operation,
management, use, repair and maintenance of all areas and
facilities including landscaped areas, parking areas,
walls, fences and signs.
De
Membership in any Association shall be inseparable from
ownership in individual lots.
Ee
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 sunshades, trellises, gazebos,
awnings, additions, exterior mechanical equipment,
television and radio antenna.
Fe
Maintenance standards shall be provided for applicable
items listed in Section C above in CCR's. Examples of
maintenance standards are shown below:
~hibit A
3nditions of Approval
~Tentative Parcel Map 93-177
Page 3
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Ail 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 w~e~s 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 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.
Ail private drives and sidewalks 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.
·
Ail 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.
Ge
Association approval of exterior improvements requiring
a building permit shall be obtained prior to requesting
a building permit from the City of Tustin Community
DevelopmeDt Department. All plans for exterior
improvements shall conform to requirements set forth by
the City and the CCR's.
He
Parking spaces shall not be assigned to the individual
buildings, but shall remain as common area for both
buildings. The required number of parking spaces shall
be based on the parking requirements established in the
Irvine Industrial Complex District Regulations on file
with the City of Tustin Community Development Department.
A minimum of 226 parking spaces shall be maintained on
Exhibit A
Conditions of Approval
Tentative Parcel Map 93-177
Page 4
the property, based upon current square footages of the
existing buildings. A reciprocal easement for parking
and vehicular and pedestrian access shall be recorded to
ensure that there is adequate access and parking for each
building.
Ie
Ail utility services serving the site shall be installed
and maintained underground.
Je
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
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 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 applicableBuilding plan check and permit fees
to the Community Development Department.
PLANNING DIVISION
(4) 4.1 Ail existing on-site red curb and no-parking areas shall be
repainted prior to Final Map approval, subject to approval of
the Community Development and Fire Departments.
(4) 4.2 Ail trash bins shall be stored within adequate size,.~rash
enclosures with solid metal, self closing, self latching
gates. Said enclosure(s) shall be screened by a solid
decorative wall consistent with the adjacent building's
material and finish and be of a minimum height of six fees.
Details shall be approved by the Community Developmem5
Department, and building permits for enclosures shall ke
finaled by the Community Development Department prior ~
~hibit A
,onditions of Approval
Tentative Parcel Map 93-177
Page 5
approval of a Final Map. The location of bins, sizes and
quantities shall be reviewed and accepted by Great Western
Reclamation.
(4) 4.3 Ail parking and landscaped areas shall be maintained free of
trash and debris.
(4) 4.4 Ail graffiti shall be removed within 72 hours of a complaint
being transmitted by the City to the property owner. Failure
to maintain said structure and adjacent facilities will be
grounds for City enforcement of its Property Maintenance
Ordinance, including nuisance abatement procedures.
(4) 4.5 According to the Irvine Industrial Complex District
Regulations, all outdoor storage areas shall be visually
screened so that materials stored within these areas shall not
be .visible from access streets, freeways and adjacent
property. Any truck trailers stored within designated parking
areas and in areas not visually screened on the subject
property shall be removed prior to Final Map approval.
-~5) 4.6 Conditions, Covenants, and Restrictions will be required to be
prepared for this property and reviewed and approved by the
Community Development Department and City Attorney's Office
prior to approval of a Final Map. A copy of any restrictive
covenants proposed shall be appendixed to the map.
FIRE DEPARTMENT
(5) 5.1 Prior to the issuance of any final parcel map, submit to the
Fire Chief, evidence of the type of on site fire hydrant
system (public or private). If the system is private,
provisions shall be placed in the CC&R's for the repair and
maintenance of the system.
(5) 5.2 Prior to the issuance of any final parcel map, submit to the
Fire Chief underground water plans for any automatic fire
sprinkler systems° If the sprinkler system is shared or
connected between structures, provisions shall be placed in
the CC&R's for the repair and maintenance of the system.
ENGINEERING/PUBLIC WORKS DEPARTMENT
(5) 6.1 Prior to recordation of the Final Map, the Subdivider will be
required to execute a monumentation agreement and bond to
guarantee that all monuments will be set in the field per the
Final Parcel Map.
Exhibit A
Conditions of Approval
Tentative Parcel Map 93-177
Page 6
(~) 6.Z Construction of a minimum five (5) foot wide curb adjacent
· ~ ~ utility clear sidewalk will be required along Dow Avenue
adjacent to this development. The sidewalk construction shall
be per City of Tustin Standard Drawings 104A and 105B.
An easement for sidewalk purposed will be required at the area
where the sidewalk will transition around the existing street
lights, hydrants and any other above ground obstruction. This
easement can be dedicated to the City of Tustin on the parcel
.map or by separate document.
(5) 6.3 Prior to approval of the Final Map, a separate 24" x 36"
street improvement plan will be required for all construction
within the public right-of-way and said plan shall be prepared
by a California Registered Civil Engineer.
In conjunction with the above plan, a 24" x 36" traffic
control plan, as prepared by a California Registered Traffic
Engineer, will be required.
(5) 6.4 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
(5) 6.5 In addition to the'normal full size plan submittal process,
all final development plans including, but not limited to:
tract maps, parcel maps, right-of-way maps, record of survey,
public works improvements, private infrastructure
improvements, final grading plans, and site plans are also
required to be submitted to the Public Works
Department/Engineering Division in computer aided design and
drafting (CADD) format. The acceptable fcrmats shall be
intergraph DGN or Auto Cadd DWG file format, but in no case
less than DXF file format. The City of Tustin CADD
conventions shall be followed in preparing plans~.~n CADD, and
these guidelines are available from the Engineering Division.
The CADD files shall be submitted to the City at the time the
plans are approved, and updated CADD files reflecting "as
built" conditions shall be submitted once all construction has
been completed.
ATTACHMENT B
STATISTICAL SUMMARY
TENTATIVE PARCEL MAP 93-177
Gross Site Area (sq ft)
Building Lot (sq ft)
Rail Easement (sq ft)
Site Coverage
Building Height
Site Width'
Bldg. Setbacks
Front Yard
Side Yard
Rear Yard
Parking
Requirement
Proposed
Parcel 1 Parcel 2
30,000 118,483 96,267
N/A 116,305 88,862
N/A 2,178 7,405
50% max 40% 34%
Established 26 ft 24 ft
by FAA
None 223 ft 278 ft
Specified
30 ft min 70+ ft 70+ ft
10 feet
0 feet
199 total
10 ft, 17.5 ft,
21 ft 62 ft
165+-ft 65+ ft
125 101
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RESOLU/2ON NO. 94-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN APPROVING TENTATIVE PARCEL MAP NO.
93-177
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. 93-177 was
submitted to the City Council by Mr. Philip
Bettencourt, for consideration.
Be
That a public hearing was duly called, noticed
and held for said map on December 13, 1993 by
the Planning Commission and on January 3, 1994
by the City Council.
C·
It has been determined that this project is
Categorically Exempt (Class 15) pursuant to
the provisions of Section 15315 of the
California Environmental Quality Act.
De
That the proposed subdivision is in
conformance with the Tustin Area General Plan,
the Irvine Industrial Complex District
Regulations, the Tustin Municipal Code and
Subdivision Map Act.
E·
That the design of the subdivision is not
likely to cause substantial environmental
damage or substantially and avoidably injure
fish or wildlife in their habitat.
F®
That the design of the subdivision will not
conflict with easements acquired by the
public-at-large, for access through or use of
the property within the proposed subdivision.
Ge
That the design of the subdivision is not
likely to cause serious public health
problems.
II. The City Council hereby approves Tentative Parcel
Map No. 93-177, subject to the conditions contained
in Exhibit A of Planning Commission Resolution No.
3210, incorporated herein by reference.
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Resolution No. 94-02
Page 2
PASSED AND ADOPTED at a regular meeting of the Tustin
City Council, held on the 3rd day of January, 1994.
Mary E. Wynn, City Clerk
STATE oF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
JIM POTTS
MAYOR
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 five; that the above and
foregoing Resolution No. 94-02 was duly passed and
adopted at a regular meeting of the Tustin'City Councilf
held on the 3rd day of January, 1994, by the following
vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBERABSENT:
Mary E. Wynn, City Clerk