Loading...
HomeMy WebLinkAbout02 T.T. MAP 14901 10-02-95ATE' OCTOBER 2, 1995 NO. 2 10-2-95 I n t e r- C o rn ,,, TO: WILLIAM A. HUSTON, CITY MANAGER FROM- COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: TENTATIVE TRACT MAP 14901 (SANDERSON J. RAY DEVELOPMENT/TUSTIN RANCH PLAZA) RECOMMENDATION It is recommended that the City Council take the following actions: i · Approve the Environmental Determination for the project by adopting Resolution No. 95-89; and · Approve Tentative Tract Map 14901 by adopting Resolution No. 95-90, as submitted or revised. FISCAL IMPACT There are no fiscal impacts associated with this project, as this is an applicant initiated project. The applicant has paid application fees to recover the cost of processing this application. BACKGROUND On September 11, 1995, the Planning Commission recommended to'the City Council approval of Tentative Tract 14901 by adopting Resolution No. 3386 (Attachment A). The subject property is currently developed with a retail commercial center including approximately 110,000 square feet of floor area. A gasoline service station/carwash is currently under construction within the center. There are also three vacant sites to accommodate future retail buildings and a fast food restaurant. The applicant is proposing to subdivide the 14 acre site into eight (8) numbered lots to permit individual ownership. City Council Report TT 14901 October 2, 1995 Page 2 The project site is located on the southwest corner of Jamboree Road and Irvine Boulevard. Surrounding uses include multi-family residential to the west and south, multi-family residential across Irvine Boulevard to the north and vacant land across Jamboree Road to the east in an unincorporated area of the County of Orange. 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 on this project. DISCUSSION The applicant proposes to subdivide the subject property to create eight (8) separate lots so that portions of the main building and each pad could be under separate ownership. The proposal includes individual lot lines that surround building area, parking lot, access driveways and landscaping. There would be reciprocal easements for parking, landscaping, pedestrian and vehicular access across the entire property to ensure that the development functions as a cohesive center. The site is developed with one main building, located along the western edge of the site, which contains three main tenants (Ralph's, Farr's Hallmark, and Payless Drug Store), as well as, various smaller in-line tenants. There is approximately 110,000 square feet of retail sPace located within this building, The primary field of parking is situated to the east of the main building, between Jamboree Road and the retail buildings. There are four pad sites fronting onto and adjacent to Jamboree Road. The Center is served from three access drives on Jamboree Road and two driveways on Irvine Boulevard. There is a service drive along the westerly property line which provides access'to the rear of the retail buildings. A pedestrian walkway provides access to Heritage Way at the southwest corner of the property. The East Tustin Specific Plan requires 609 parking spaces for the existing retail development and potential future pad developments. A total of 682 parking spaces are provided on the site. The lot lines have been drawn so that each individual lot has adequate parking on-site to meet the needs of existing and planned tenants. However, since parking areas would be subject to reciprocal use easements, and the project was developed and planned as a cohesive Center, future tenant parking needs will be calculated based upon City Council Report TT 14901 October 2, 1995 Page 3 the parking requirements identified in the East Tustin Specific Plan on a Center-wide basis. In order for the City Council to approve the proposed subdivision, it must be determined that the proposal is in compliance with applicable requirements of the East Tustin Specific Plan (ETSP) and Zoning Code. In 1990, the subject property was approved for commercial development in compliance with all development standards of the ETSP. Since all lots will have reciprocal easements for parking, access and common landscape maintenance, specific development standards were evaluated for the Center as a whole. All site improvements are currently consistent with the applicable development standards of the ETSP. As a general policy, common areas (i.e.: parking, landscaping and access drives) have typically been designated as individual lettered lots which would then be owned by an Owner's Association. The applicant has not proposed this type of lot configuration. As proposed bY the applicant, all lots include the building, as well as, parking,· landscaping, sidewalks and other site improvements. The applicant has indicated that in commercial subdivisions, this type of configuration is more desirable as it avoids the need to create an Owner's Association as you would typically have for residential developments. However, one potential concern with this form of subdivision would be related to consistency of maintenance of buildings, site improvements and landscaping between each lot since there would be separate property owners responsible for the upkeep of the individual lots. The applicant has indicated that the CC&R's would contain maintenance provisions as the City typically would require in all subdivision. In addition, the CC&R's would also include provisions to create a "Maintenance Director" who would essentially function as a property manager and would be responsible for the upkeep of the Center and coordination amongst all the individual property owners. The applicant believes that this type of organization is preferred as the decision making process of an Owner's Association is often difficult with commercial property owners who may not be located on the property. The City Attorney has indicated that in their review of CC&R's, ~they can provide additional language to protect public health and safety and allow the City to enforce the CC&R's for non- maintenance. City Council Report TT 14901 October 2, 1995 Page 4 ENVIRONMENTAL ANALYSIS Based upon review of the proposed Tentative Tract Map 14901, as well as Environmental Impact Report 85-2, it's supplements and addendum, it has been determined that environmental issues relating to this project have preViously been addressed. Also, appropriate mitigating measures identified in EIR 85-2 are included as conditions of approval for the project. With this information in mind, it is recommended that the Council make the finding that requirements of the California Environmental Quality Act have been met and that no further environmental review is required. CONCLUSION Given the analysis conducted by the Community Development · Department and in consideration of comments from other agencies and the public, it is concluded that the proposed project meets the requirements of the East Tustin Specific Plan, the Subdivision Map Act, as adopted, and the California Environmental Quality Act. With the inclusion of conditions of approval listed in Planning Commission Resolution No. 3386, it is recommended that the City Council approve Tentative Tract Map 14901. Sar~r J.~ Pashalides Associate Planner Christine A. Shi~eton Assistant City Manager Attachments: Location Map Tentative Tract Map 14901 Attachment A - Planning Commission Resolution No. 3386 Resolution Nos. 95-89 and 95-90 CAS: SJP: br/TT 14901 LOUATION. '5 PROJECT SITE NO SCALE · . 1 2 3 10 11 12 13 r~ 4 _5 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. 3386 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP 14901. The Planning Commission of the City of Tustin does hereby resolve as follows: · I e The Planning Commission. finds and determines as follows: ae That Tentative Tract Map No. 14901 was submitted to the Planning Co~mission by Sanderson J. Ray Development Company, for consideration. Bo That a public hearing was duly called, noticed and held for said map on September 11, 1995 by the Planning Commission. Ce That Environmental Impact Report (EIR 85-2 for the East Tustin Specific Plan) has been certified in conformance with the requirements of the California Environmental Quality Act for the subject project area. Do That the proposed subdivision is in conformance with the East Tustin Specific Plan, the Tustin Municipal Code and Subdivision Map Act as it pertains to the commercial development. Ee That the site is physically suitable for this type of development. Fo 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 substantialiy and avoidably injure fish or wildlife in their habitat. o 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. That the design of the subdivision or the types of improvements are not likely to cause serious public health problems. ATTACHMENT A 10 11 12 13 14 15 16 Resolution No. 3386 Page 2 II. The Planning Commission hereby recommends to the City Council approval of Tentative'Tract Map 14901, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the llth day of September, 1995. Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of 'the City of Tustin, California; that Resolution No. 3386 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the llth day of September, 1995. Recording Secretary EXHIBIT A RESOLUTION NO. 3386 CONDITIONS OF APPROVAL TENTATIVE TRACT PLAP 14901 GENERAL (1) 1.1 Within 24 months from tentative map' approval, the Subdivider shall~ file with appropriate ~gencies, 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 City Code Section 9361d (2) . (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) ~.3 Prior to sale of individual parcels, 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.. 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) ~.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. SOURCE CODES (~) 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 - Conditions of Approval Resolution No. 3386 Page 2 (1) 1.6 Approval of Tentative Tract Map 14901 is contingent upon the applicant and property owner signing-and returning an "Agreement to Conditions" form as established by the Director of Community Development. CC&R'S (1) 2.1 Prior to approval of the final map, all organizational documents for the project including any deed 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. CC&R's shall include but not be limited to the following provisions: ne Since the City is interested in protecting the public health and safety and ensuring the quality and maintenance of common areas unde~ control of a Maintenance Director, the City shall be included as a party to the CC&R's for enforcement purposes of those CC&R provisions in which the City has interest, as reflected by the following B through J. However, the City shall not be obligated to enforce the CC&R's. B. The ~equirement that bylaws be established. C. Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including building elevations, lighting, landscaping, parking areas, walls and fences, private roadways, sidewalks and signs, which may include the establishment of a "Maintenance Director" or other form of property management to administer the common area maintenance of each lot, subject to the approval of the City Attorney. De Architectural controls shall be provided and may include but not be limited to provisions regulating store fronts, building elevations, exterior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, additions, exterior mechanical equipment, television and radio antenna. Exhibit A -~ Conditions of Approval Resolution No. 3386 Page 3 Ee F o Maintenance standards shall be provided for applicable items listed in .Section C above in CC&R's. Examples of maintenance standards are shown below: i · Ail common area landscaping 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 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 roadways, parking lots, 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. "Maintenance Director" or other form of property management 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 Exhibit A - Conditions of Approval Resolution No. 3386 Page 4 for exterior improvements shall conform to requirements set forth by the City'and the CC&R's. Ge Parking spaces shall not be permanently and irrevocably assigned to individual parcels or tenants. Required parking spaces shall be maintained on the property, based upon those rates identified in the East Tustin Specific Plan and calculated on a center-wide basis. He Ail utility services serving the site shall be installed and maintained underground. The "Maintenance Director" or other form of property management shall be required to file their names, addresses, and telephone numbers before January 1st of each year or within 10 days of change, 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. 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. FIRE DEPARTMENT (5) 3.1' Prior to the approval of any final tract 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) 3.2 Prior to the approval of any final tract 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 Exhibit A - Conditions of Approval Resolution No. 3386 Page 5 placed in the CC&R's for the repair and maintenance of the system. (5) 3.3 Prior to the reCordation of a final tract map, evidence that a water supply for fire protection is available shall be submitted to and approved by the Fire Chief. PUBLIC WORKS (5) 4.1 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 (5) 4.2 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. (5) 4.3 A reciprocal easement for both vehicular and pedestrian traffic as well as vehicular parking and maintenance of all utility service laterals will be required. FEES (1) 5.1 The applicant shall submit to the City of Tustin a $1,335 Final Tract Map fee and a $190 CC&R Review fee. The CC&R Review fee includes one (1) initial check and one (1) recheck of the document. However, should the CC&R's require subsequent review, an hourly rate will be charged at a rate of $150 per hour for the City Attorney and $50 per hour for Planning staff. (1) 5.2 Within forty-eight (48) hours of approval of the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $25.00 (twenty-five dollars) 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 Exhibit A - Conditions of Approval Resolution No. 3386 Page 6 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. RESOLUTION NO. 95-89 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR TENTATIVE TRACT MAP 14901 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 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 Tract Map 14901 is considered a "project" pursuant to the terms of the California Environmental Quality Act; and Be That the projects are covered by a previously certified Final Environmental Impact Report for the East Tustin Specific Plan which serves as a Program EIR for the proposed project. II. The East Tustin Specific Plan Final Environmental Impact Report (85-2), previously certified on March 17, 1986 as modified by subsequently adopted supplements and addenda, was considered prior to approval of this project. The City Council hereby finds: this project is within the scope of the East Tustin Specific Plan previously approved; the effects of this project, relating to grading, drainage, circulation, public services and utilities, were examined in the Program EIR. All feasible mitigation measures and alternatives developed in the Program EIR are incorporated into this project. The~Final EIR is, therefore, determined to be adequate to serve as a Program EIR for this project, and satisfies all requirements of the California Environmental Quality Act. Applicable mitigation measures identified in the Final EIR ~have been incorporated into this project which mitigatesany potential significant environmental effects thereof. The mitigation measures are identified as Conditions in Exhibit A of Planning Commission Resolution No. 3386 recommending to the City Council approval of Tentative Tract 14901. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 95-89 Page 2 PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 2nd day of October, 1995. JIM POTTS Mayor Pamela Stoker City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Pamela Stoker, the undersigned, hereby certify that I am the City Clerk of the City Council of the City of Tustin, California; that Resolution No. 95-89 was duly passed and adopted at a regular meeting of the Tustin City Council held on the 2nd day of October, 1995. Pamela Stoker City Clerk RESOLUTION NO. 95-90 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 - 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE TRACT MAP 14901 TO CREATE 8 NUMBERED LOTS FOR A COMMERCIAL SUBDIVISION ON LOT 13 OF TRACT 12763. 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 Tract Map No. 14901 was submitted to the City Council by Sanderson J. Ray Development Company, for consideration. Be That a public hearing was duly called, noticed and held for said map on September 11, 1995 by the Planning Commission and on October 2, 1995 by the City Council. Ce That Environmental. Impact Report (EIR 85-2 for the East Tustin Specific Plan) has been certified in conformance with the requirements of the California Environmental Quality Act for the subject project area. De That the proposed subdivision is in conformance with the East Tustin Specific Plan, the Tustin Municipal Code and Subdivision Map Act as it pertains to the commercial development. Ee That the site is physically suitable for this type of development. Fe That the site is physically suitable for this intensity of development. 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. That the design of the subdivision or the types of improvements are not likely to cause serious public health prOblems. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 95-90 Page 2 II. The City Council hereby approves Tentative Tract Map 14901, subject to the conditions contained in Exhibit A of Planning Commission Resolution No. 3386, attached thereto and incorporated herein by reference. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 2nd day of October, 1995. PAMELA STOKER City Clerk JIM POTTS Mayor STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ~ · CITY OF TUSTIN ) I, Pamela Stoker, the undersigned, hereby certify that I am the City Clerk of the City Council of the City of Tustin, California; that Resolution No. 95-90 was duly passed and adopted at a regular meeting of the Tustin City Council held on the 2nd day of October, 1995. Pamela Stoker City Clerk