HomeMy WebLinkAbout06 FINAL P.M. 93-176 01-16-95NO. 6
1-16-95
DATE:
JANUARY 16, 1995
Inter-Com
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECI: FINAL PARCEL MAP 93-176. (BART DUESLER)
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 95-07
approving Final Parcel Map 93-176.
FISCAL IMPACT
There are no fiscal impacts to the City associated with this
project since the parcel map was initiated by the applicant and
the applicant has paid processing fees for recovery of City costs
of processing said map.
BACKGROUND/DISCUSSION
On June 13, 1994, the Planning Commission adopted Resolution No.
3268 (Attachment A) approving Variance 94-001 and Resolution No.
3269 (Attachment B) recommending to the City Council approval of
Tentative Parcel Map 93-176. The City Council approved Tentative
Parcel Map 93-176 on July 5, 1994 by adopting Resolution No. 94-78
(Attachment C). 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
Parcel 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 January 9,
1995 meeting by adopting Resolution No. 3320 (Attachment D) .
Final Parcel Map 93-176 includes two parcels. The site is
developed with two duplexes and is located on the westerly side of
Green Valley Avenue.
CONCLUSION
The resolutions approving the Tentative Parcel Map for this project
included numerous conditions which were required to be satisfied
prior to recordation. Ail required conditions have been met.
City Council Report
Final Parcel Map 93-176
January 16, 1995
Page 2
Staff has determined that the Parcel Map is in conformance with the
Tentative Parcel Map approvals, the City's Subdivision Code, and
the State Subdivision Map Act. Based upon this conformance, it is
recommended that the City Council approve Final Parcel Map 93-176
by adopting Resolution No. 95-07, as submitted or revised.
Scott Reekstin
Assistant Planner
Christine A~ Shi~gl
Assistant City Manager
Community Development
Attachments:~ -Location Map
Attachment A - Planning Commission Reso. 3268
Attachment B - Planning Commission Reso. 3269
Attachment C - City Council Resolution No. 94-78
Attachment D - Planning Commission Reso. 3320
Final Parcel Map 93-176
Resolution No. 95-07
SCR: br; mp\ f ~3176
LOCATiON MAP
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NO SCALE
RESOLUTION NO. 3268
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, APPROVING VARIANCE 94-001 TO REDUCE THE
REQUIRED THE REQUIRED NUMBER OF PARKING SPACES FROM
ONE (1) GARAGE SPACE AND ONE (1) OPEN OR COVERED
SPACE TO ONE (1) GARAGE SPACE. PER DWELLING UNIT;_
MINIMUM FRONT YARD SETBACKS~FROM TWENTY.~(20).FEET
TO FIFTEEN (15) FEET, MINIMUM REAR YARD SETBACKS
FROM TEN ..(10)~FEET~TO..9.8 .FEET. AND MINIMUM~ SIDE..
YARD SETBACKS FROM FIVE (5). FEET TO 4.9 FEET;
MINIMUM BUILDING SITE FROM 7,200 SQUARE FEET TO
6,160 AND 5,940 SQUARE FEET; MINIMUM'LOTWIDTH FROM
SIXTY (60) FEET TO 56 AND 54 FEET; AND MINIMUM LOT
AREA PER FAMILY UNIT FROM 3,500 SQUARE FEET TO
3,080 AND 2,970 SQUARE FEET ON THE PROPERTIES
LOCATED AT 14311 AND 14321 GREEN VALLEY AVENUE,
TUSTIN.
The Planning Commission of the City of Tustin does hereby
,resolve as follows:
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I. The Planning Commission'finds and determines ~s'foilows:
ae
That a proper application, Variance 94-001, has
been filed by Mr. Bart Duesler to reduce the
required the required number of parking spaces from
one (1) garage space and one (1) open or covered
space to one (1) garage space per dwelling unit;
minimum front yard setbacks from twenty (20) feet
to fifteen (15) feet, minimum rear yard setbacks
from ten (10) feet to 9.8 feet and minimum side
yard setbacks from five (5) feet to 4.9 feet;
minimum building site from 7,200 square feet to
6,160 and 5,940 square feet; minimum lot width from
sixty (60) feet to 56 and 54 feet; and minimum lot
area per family unit from 3,500 square feet to
3,080 'and 2,970 square feet on the properties
located at 14311 and 14321 Green Valley Avenue,
Tustin.
Be
That a public hearing was duly noticed, called and
held by the Plannin~ Commission on June 13, 1994.
Ce
The Planning CommissioD has reviewed the subject.
request for a variance to reduce the required
number of parking spaces, minimum setbacks, minimum
building site, minimum lot width and minimum lot
area per family unit and has made the following
findings:
·
Granting the variance shall not constitute a
grant of special privileges inconsistent with
the limitations upon other properties in the
vicinity and district in which the project is
ATTACHMENT
A
Resolution No. 3268
Page 2
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situated in that the majority of the lots on
the block contain only one duplex each. .In
fact, six (6) of the lots on the block are
identical to the proposed lots with respect to.
configuration, dimensions and'pa~king spaces.
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2. There.are.unusual or exceptional'.'6i~cumstances
applicable, to the property, including size,
shape, topography, 'loCation or surroundings
which ~deprive the .subject property "of
privileges enjoyed by other properties in the
area, in that with the existing structures
remaining On the site, the maximum amount of
parking, setbacks, building site, lot width
and lot area per family unit are provided. In
addition, the subject property is one of the
few properties on the block which has not yet
- been subdivided.
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A Negative Declaration- has. been. prepared and
certified for this project in accordance with the
provisions of the California Environmental Quality
Act.
II. The Planning Commission hereby approves Variance 94-001
to reduce the required number of parking spaces from one
(1) garage space and one (1) open or covered space to one
(1) garage space per dwelling unit; minimum front yard
setbacks from twenty (20) feet to fifteen '(15) feet,
minimum rear yard setbacks from ten (10) feet to 9.8 feet
and minimum side yard setbacks from five (5) feet to 4.9
feet; minimum building site from 7,200 square feet to
6,160 and 5,940 square feet; minimum lot width from sixty
(60) feet to. 56 and 54 feet; and minimum lot area per
family.unit from 3,500 square feet to 3,080 and 2,970
square feet on the properties located at 14311 and 14321
Green Valley Avenue, Tustin, subject to the conditions
contained in Exhibit A of Planning Commission Resolution
No. 3269, incorporated herein by reference.
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.r
Resolution No. 3268
Page 3
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 13th day of June, 1994.
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BARBARA REYEg
Secretary
Chairperson
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. 3268 was duly passed
and adopted at a regular meeting of the Tustin Planning
Commission, held on the 13th day of June, 1994.
BARBARA REYES d/
Recording Secretary
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RESOLUTION NO. 3269
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY
COUNCIL APPROVAL OF TENTATIVE PARCEL MAP NO.
..':.93-176 ~.
..
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The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. '~ The Planning Commission finds and determines 'as
follows:
ae
That Tentative Parcel Map No. 93-176 was
submitted· to'the Planning Commission by Mr.
Bart Duesler, for consideration.
Be
That a public.hearing was.duly called, noticed
-and held for said map on June 13, 1994 by the
·
· Planning'Commission. ' '.
Ce
A Negative Declaration has been prepared and
certified for this project in accordance with
the provisions of the California Environmental
Quality Act.
De
That the proposed subdivision is in
conformance with the Tustin Area General Plan,
the Tustin Municipal Code and Subdivision Map
Act.
Ze
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.
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.
Ge
That the design of the subdivision is not
likely to cause serious public health
problems.
II. The Planning Commission hereby recommends to the
City Council approval of Tentative Parcel Map No.
93-176, subject to the conditions' attached hereto
as Exhibit A.
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ATTACHMENT
B
Resolution No. 3269
Page 2
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 13th d~y of June, 1994.
Secretary-
Chairperson
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. 3269
was duly passed and adopted at a regular meeting of the
Tustin Planning Commission, held on the 13th day of June,
1994.
..Recording Secretary
EXHIBIT A
RESOLUTION NO. 3269
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 93-176
GENERAL
(1) 1.1 Within 24 months~ 'from tentative map. approval, the
Subdivider shall fi~e with appropriate agencies, a final
map prepared in accordance with subdivision requirements
of the Tustin Municipal Code, .the State Subdivision Map
Act, and applicableconditions contained herein unless an
extension is granted pursuant to Section 9361(d) 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- any Sale of the individual buildings, the
Subdivider shall record the Final Map in conformance ~ith
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 8% 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.
mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmMmmmmmm mm
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
Conditions of Approval
Tentative Parcel Map 93-176
Page 2
(1) 1.6 The applicant and property owner shall sign and return
. the "Agreement to Conditions Imposed" form.
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PLANNING DIVISION
(4) 2.1 Ail parking and landscaped areas shall be maintained free
of trash and debris.
(4) 2.2 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.
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ENGINEERING/PUBLIC WORKS DEPARTMENT
(5) 3.1 Preparation and recordation of a final parcel map will be
required.
(5) 3.2 Prior to recordation of the Final Map, the Subdivider
will be required to execute a monumentation agreement and
furnish a monumentation bond as required by the City
Engineer.
(5) 3.3 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
formats 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 sha].l be followed in
preparing plans in CADD, and these guidelines are
available'from the EDgineering 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.
Exhibit A
Conditions of Approval
Tentative Parcel Map 93-176
Page 3
FEES
(1) 4.1 Within forty-eight (48) hours of approval of the subject
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 with the County
Clerk, the appropriate environmental documentation
pursuant to the California Environmental Quality Act. If
within such forty eight (48) hour period, the applicant
has not delivered to the Community Development Department
the above noted check, the approval for the project
granted herein shall be considered automatically null and
void.
In addition, should the Department of Fish and Game
reject the Certificate of Fee Exemption filed with'the
Notice of Determination and require payment of fees, the
applicant shall deliver to the Community Development
Department within forty eight (48) hours of notification,
a cashier's check payable to the County Clerk in the
amount of $850.00 (eight hundred fifty dollars) if an EIR
was prepared or $1,250 (twelve hundred fifty dollars) if
a Negative Declaration was prepared. If this fee is
imposed, the subject project shall not be operative,
vested or final unless and until the fee is paid.
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RESOLUTION NO. 94-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN APPROVING TENTATIVE PARCEL MAP NO.
93-176
The City Council of the City of Tustin does hereby
resolve as follows: '~'
I. The City Council finds and determines as follows:
ae
Be
That Tentative Parcel Map No. 93-176 was
submitted to the City Council by Mr. Bart
Duesler, for consideration.
That a public hearing was duly called, noticed
and held for said map on June 13, 1994 by the
Planning Commission and on July 5, 1994 by the
City Council.
Ce
A Negative Declaration has been prepared ~nd
certified for this project in accordance with
the provisions of the California Environmental
Quality Act.
De
That the proposed subdivision is in
conformance with the TustinArea General Plan,
the TUstin Municipal Code and Subdivision Map
Act.
Z.
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.
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.
Ge
That the design of the subdivision is not
likely to cause serious public health
problems.
That the project has been reviewed for
consistency with the Air Quality Sub-Element
of the City of Tustin General Plan and has
been determined to be consistent or has been
conditioned to be consistent with the Air
Quality Sub-Element.
ATTACHMENT
C
Resolution No. 94-78
Page 2
II.
The City Council hereby approves Tentative Parcel
Map No. 93-176, subject to the conditions contained
in Exhibit A of Planning Commission Resolution N6.
3269, incorporg~ed herein by reference.
PASSED AND ADOPTED at a regular meeting of the Tustin
City Council, held on the 5th day of July, 1994.
ry E. Wynn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
R. SALTARELLI
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. 94-78 was duly passed and
adopted at a regular meeting of the Tustin City Council,
held on the 5th day Of July, 1994, by the following vote:
COI~CILMEMBER AYES: Saltarelli, Po[ts, Doyle, Thomas, Woriey
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED:' None
COUNCILMEMBER ABSENT: None
y E. Wynn, City Clerk
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RESOLUTION NO. 3320
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING TO
THE TUSTIN CITY CQUNCIL APPROVAL OF FINAL
PARCEL MAP NO. 93-176
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 No. 93-176 has been
submitted by Mr. Bart Duesler.
,
That a public hearing was held by the Planning
Commission on June 13, 1994. At this hearing
the Planning Commission recommended approval
of Tentative Parcel Map 93-176 to the City
Council. Subsequently, the City Council
approved Tentative Parcel Map 93-176 on July
5, 1994.
C ,
That following tentative map approval, the
applicant filed Final Parcel Map 93-176.
D ,
The Final Map is considered ministerially
exempt pursuant to Section 15268(b) of the
California Environmental Quality Act.
E ·
That the proposed subdivision is in
conformance with the Tustin Area General Plan,
the City's Subdivision Ordinance and
Subdivision Map Act as it pertains to
residential property.
F ,
G ,
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 will not
conflict with easements acquired by the
'public-at-large, for access through or use of
the property within the proposed subdivision.
H ·
That the design of the subdivision is not
likely to cause serious public health
problems.
I ,
That the Final Parcel Map is in substantial
conformance with the Tentative Parcel Map.
ATTACHMENT D
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Resolution No. 3320
Page 2
II. The Planning Commission hereby recommends to the
City Council approval of Final Parcel Map 93-176,
subject to final approval by the City Engineer.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 9th day of January,
1995.
Secretary
· L. B~KER
Chairperson
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. 3320
was duly passed and adopted at a regular meeting of the
Tustin Planning Commission, held on the 9th day of
January, 1995.
Recording Secretary
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RESOLUTION NO. 95-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING PARCEL MAP 93-176
The City Council of the City of Tustin does hereby resolve as
follows:
I. The City Council finds and determines as follows:
a.
That Final. Parcel Map No. 93-176 has been submitted
by Mr. Bart Duesler.
B ·
That a public hearing was held by the Planning
Commission on June 13, 1994. At this hearing the
Planning Commission recommended approval of
Tentative Parcel Map 93-176 to the City Council.
Subsequently, the City Council approved Tentative
Parcel Map 93-176 on July 5, 1994.
C ·
That following tentative map approval, the
applicant filed Final Parcel Map 93-176. The
Planning Commission adopted Resolution No. 3320 on
January 9, 1995, recommending City Council approval
of Final Parcel Map 93-176.
D ,
The Final Map is considered ministerially exempt
pursuant to Section 15268(b) of the California
Environmental Quality Act.
E .
That the proposed subdivision is in conformance
with the Tustin Area General Plan, the City's
Subdivision Ordinance and Subdivision Map Act as it
pertains to industrial property.
F ·
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.
G ·
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 problems.
I ·
That the Final Parcel Map is in substantial
conformance with the Tentative Parcel Map.
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City Council Resolution No. 95-07
Page 2
II. The City Council hereby approves Final Parcel Map 93-176
subject to final approval by the City Engineer.
PASSED AND ADOPTED at a regular meeting of the Tustin City
Council, held on the 16th day of January, 1995.
Mary E. Wynn, City Clerk
THOMAS R. SALTARELLI
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. 95-07 was duly passed and adopted at a regular
meeting of the Tustin City Council, held on the 16th day of
January, 1995, by the following vote:
~OUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk