HomeMy WebLinkAboutCC 5 FINAL P.M. 92-231 01-03-94--'NSENT CALENDAR NO. 5
'-3-94
JANUARY 3, 1994
iht er-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
FINAL PARCEL MAP 92-231
RECOMMENDATION
It is recommended that the city Council adopt Resolution No. 94-07
approving final parcel map 92-231.
FISCAL IMPACT
There are no fiscal impacts to the City associated with this
project since the parcel map was initiated by the applicant and no
'financial assistance has been requested.
BACKGROUND[DISCUSSION
On March 8, 1993, the Planning Commission adopted Resolution No.
3198 (Attachment A) recommending to the City Council approval of
Tentative Parcel Map 92-231. The City Council approved Tentative
Parcel Map 92-231 on April 5, 1993, by adopting Resolution No. 93-
28. These approvals included numerous conditions to be met prior
to approval of the final map, with which the applicant has
complied. The Final Map is now ready for recordation with the
Orange County Recorders office. Prior to recordation, the Final
Map must be reviewed and approved by the Planning Commission and
city Council. The Planning Commission reviewed this item and
recommended approval of the Final Parcel Map at their December 13,
1993 meeting by adopting Resolution No. 3209.
Parcel Map 92-231 includes a single lot subdivision to create three
commercial airspacecondominiumunits. The site is developed with
three office buildings and is located on Newport Avenue, west of
Wass Street.
CONCLUSION
The resolution approving the tentative parcel map for this project
included numerous conditions which were required to be satisfied
prior to recordation. All required conditions have been met.
Staff has determined that the Parcel Map is in conformance with the
Tentative Parcel Map approvals, requirements of the Newport Warren
Planned Community, the City's Subdivision Code, and the State
Cisy Council Reports
Final Parcel Map 92-231
January 3, 1994
Page 2
Subdivision- Map Act. Based upon this conformance, it is
recommended that the City Council approve Final Parcel Map 92-231
by adopting Resolution No. 94-07, as submitted or revised.
~a-Pa-~alide~
Associat~ Planner
hristine A.~
Assistant City Manager
Community Development
Attachments:
Location Map
Attachment A - Planning Commission Reso 3198
Final Parcel Map 92-231
Planning Commission Resolution No. 3209
Resolution No. 94-07
SJP:br\92-231
LOCATION
SITE
MAP ,/
ITE
NEWPORT'- WARREN
PL~qRED COI(MUNITY REGULATIONS
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NO SCALE
VICINITY
MAP
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RESOLUTION NO. 3122
A RESOLUTION OF THE PLANNING CO,~MISSIC~ OF THE
CITY OF TUSTIN RECOMMENDING TO THE TUS/IN CITY
COUNCIL APPROVAL OF TENTATIVE PARCEL MAP NO.
92-231
The Planning Commission of the City of Tustin does hereby
resolve as follows:
Ie
'The Planning Commission finds and determines as
follows:
ae
That Tentative Parcel Map No. 92-231 was
submitted to the Planning Commission by James
and Patricia London, for consideration.
Be
Ce
That a public hearing was duly called, noticed
and held for said map on March 8, 1993 by the
Planning Commission.
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.
De
That the proposed subdivision is in
conformance with the TustinArea C~neral Plan,
adopted Newport-Warren Planned Community, the
Tustin Municipal Code and Subdivision Map Act
as it pertains to the development of
commercial condominiums.
Ee
That the site is physically suitable for this
type of development.
Fe
That the site is physically suitable for this
intensity of development.
Ge
That the design of the subdivision or the
improvements are not 1 ikely to cause
substantial environmental damage or
substantially and avoidably injure fish or
wildlife in their habitat.
He
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 prcperty within
the proposed subdivision.
ATTACHMENT
A
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Resolution No. 3122
Page 2
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That the design of the subdivision or the
types of improvements are not likely to cause
serious public health problems.
II. The Planning Commission hereby recommends to the
City Council approval of Tentative Parcel Map No.
92-231, subject to the conditions attached hereto
as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 8th day of March, 1993.
° KATHLEEN CY
Secretary
Chairperson --
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Resolution No. 3122
Page 3
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.
3122 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 8th day of
March, 1993.
Recording Secretary
EXHIBIT A
OF RESOLUTION IfS. 3122
CONDITIONS OF A-~?ROVAL
TENTATIVE PARCEL "'n
· '_== 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.
Be
Subdivider shall submit a current title report.
Subdivider shall submit a duplicate mylar of the Final
Map, or 8½ inch ~y 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.
(1) 1.6 The applicant and property owner shall sign and return the
"Agreement to Conditions" form.
mmmmmmmmmmmmmmmmmmmm,
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
P~esolution No. 3122
Page 2
CCR ' S
(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:
ae
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 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.
Fe
Maintenance standards shall be provided for applicable
items listed in Section C above in CCR's. 'Examples of
maintenance standards are shown below:
Ail 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
~hibit A
solution No. 3122
_age 3
Ge
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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
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. Ail trees
shall also be root pruned to eliminate exposed
surface roots and damage to sidewalks, driveways
and structures.
·
Ail 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.
·
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.
Association approval of exterior improvements requiring.
a building permit shall be obtained prior to requesting
a building permit from the City of ~astin Community
Development Department. All plans for exterior
improvements shall conform to requirements set forth by
the city and the CCR's.
Parking spaces shall be permanently and irrevocably
assigned to individual condominium units at a rate of ~
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.
Exhibit A
Resolution No. 3122
Page 4
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Ail utility services serving the site shall be installed
and maintained underground.
Se
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.
Ko
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
(%) 3.1 Prior to issuance of any building permits, payment shall
(3) be made of all requi~ed fees including:
(6)
(9) A. Major thoroughfare and bridge fees to Tustin Public Works
Department.
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Sanitary sewer connection fee to Orange County Sanitation
District.
Ce
All applicable Building plan check and permit fees to the
Community Development Department.
D ·
New development fees to the Community Development
Department.
~xhibit A
solution No. 3122
.ge 5
FIRE DEPARTMENT
(c) 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.
(c) 4.Z 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
the CC&R's for the repair and maintenance of the system.
(c) 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.
~BLIC WORKS
(c) 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
(c) 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.
(c) 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.
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RESOLUTION NO. 3209
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, CALIFORNIA, RECOMMENDING TO THE TUSTIN
CITY COUNCIL APPROVAL OF pARCEL MAP 92-231
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as follows:
A. -That Final Parcel Map 92-231 has been submitted by
James and Patricia London.
Be
That a public hearing was held by the Planning
Commission on March 8, 1993. At this hearing the
Planning Commission recommended approval of
Tentative Parcel Map 92-231 to the City Council.
Subsequently, the City Council approved Tentative
Parcel Map '92-231 on April 5, 1993.
Ce
That following tentative map approval,
applicant filed Final Parcel Map 92-231.
the
De
The Parcel Map is considered ministerially exempt
pursuant to Section 15268(b) of the California
Environmental Quality Act.
Eo
That the proposed subdivision is in conformance
with the Tustin Area General Plan, adopted Newport.
Warren Planned Community and Subdivision Map Act as
it pertains to the development of residential
units.
Fe
That the site is physically suitable for the type
of development proposed.
Ge
That the site is physically suitable for the
proposed density of development.
He
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.
That the design of the subdivision or the type of
improvements proposed will not conflict with
easements acquired by the public-at-large, for
access through or use of the property within the
proposed subdivision.
J .
That the design of the subdivision or the types of
improvements proposed are not likely to cause
serious public health problems.
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Resolution No. 3209
Page 2
K. That the Parcel Map is in substantial conformance
with the Tentative Parcel Map.
II. The Planning Commission hereby recommends to the City
Council approval of Final Parcel Map 92-231 subject to
final approval by the City Engineer.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 13th' day of December, 1993.
·
Secretary
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.. 3209 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 13th day of December, 1993.
~ATHLEEN CLANqY
· Recording Secretary
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:28
RESOLUTION NO. 94-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING PARCEL MAP 92-231
The City Council of the City of Tustin does hereby resolve as
follows:
Ie
The City Council finds and determines as follows:
ae
That Final Parcel Map 92-231 has been submitted by
James and Patricia London.
Bo
That a public hearing was held by the Planning
Commission on March 8, 1993. At this hearing the
Planning Commission recommended approval of
Tentative Parcel Map 92-231 to the City Council.
Subsequently, the City Council aPproved Tentative
Parcel MAP.92-231 on April 5, 1993.
Ce
That following .tentative map approval, the
applicant filed Final Parcel Map 92-231. The
Planning Commission adopted Resolution No. 3209 on
December 13, 1993, recommending City Council
approval of Parcel Map 92-231.
Do
The Parcel Map is considered ministerially exempt
pursuant to Section 15268(b) of the California
Environmental Quality Act.
Ee
That the proposed Subdivision is in conformance
with the Tustin Area General Plan, adopted Newport
Warren Planned Community and Subdivision Map Act. as
it pertains to the development of residential
units.
Fo
That the site is physically suitable for the type
of development proposed.
Go
That the site is physically suitable for the
proposed density of development.
He
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.
I ·
That the design of the subdivision or the type of
improvements proposed will not conflict with
easements acquired by the public-at-large, for
access through or use of the property within the
proposed subdivision.
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city Council Resolution No. 94-07
Page 2
Je
That the design of the subdivision or the types of
improvements proposed are not likely to cause
serious public health problems.
K.
That the Parcel Map is in substantial conformance
with the Tentative Parcel Map.
II. The City Council hereby approves Final Parcel Map 92-231
subject to final approval by the City Engineer.
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
JIM POTTS
MAYOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )'
SS
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. 94-07 was duly passed and adopted at a regular
meeting of the Tustin City Council, held on the 3rd day of
January, 1994, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk