HomeMy WebLinkAboutCC 6 TENT P.M. 90-104 01-21-91DATE: JANUARY 21, 1991
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
CONSENT CALENDAR NO. 6
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1-21-91
Inter - Com
SUBJECT: MODIFICATION TO CONDITIONS OF APPROVAL ON TENTATIVE PARCEL MAP
90-104
RECOMMENDATION
It is recommended that the City Council modify Condition 8.5 and
8.9 of Resolution No. 2795 by the adoption of Resolution No. 91-8
as submitted or revised.
BACKGROUND
On January 8, 1990 the Planning Commission approved a development
plan (Use Permit 89-47) for a retail center on a Planned Community
Commercial zoned site located on the southwest corner of Newport
Avenue and the I-5 freeway. On July 9, 1990, the Planning
Commission recommended approval of Tentative Parcel Map 90-104
consolidating 5 lots into 3 to provide individual lots for each
building for leasing purposes. On September 4th the City Council
approved Tentative Parcel Map 90-104.
Specific conditions of approval were placed on the project
including the following conditions for which the applicant is
requesting modification:
1. The requirement for a joint parking and access agreement
through the site (Parcel 1, 21 3 of Tentative Parcel Map 90-
104) and adjacent parcel commonly known as the northeasterly
61.5 feet of Lot 1 of Tract No. 519 and Lot 2 of Tract No. 519
and executed concurrently with the final map. (Condition 8.5)
2. The requirement for the Final Map recorded with the County of
Orange prior to issuance of building permits for any phase of
the project. (Condition 8.9)
CMS Development has provided an agreement to the City of Tustin
providing joint parking and access through the project site which
includes Parcel 1, 2, 3 of Tentative Parcel Map 90-104 in the
CC&R's for the project. The adjacent Parcel commonly known as the
northeasterly 61.5 feet of Lot 1 of Tract No. 519 and Lot 2 of
Tract No. 519 is owned by Alta Dena Certified Dairy. While the
Alta Dena site is part of the master planned community approved for
this area and there was a desire to ensure reciprocal access, at
City Council Report
CMS Development
January 21, 1991
Page 2
this point in time the Alta Dena property is not in the ownership
of the applicant.
During subsequent processing of the project, the applicant has
encountered significant obstacles in obtaining a joint parking and
access agreement with Alta Dena. CMS Development prepared an
agreement and delivered it to the President and Sr. Vice President
of Alta Dena Dairy and has continued to negotiate in good faith the
mutual benefits of the agreement for the past 24 months. Alta Dena
has not responded to either CMS or to City staff and will not
execute the agreement. Staff, therefore, recommends eliminating
that portion of Condition 8.5 requiring a joint parking and access
agreement with Alta Dena Dairy, thus eliminating that parcel from
the project site. In the event Alta Dena wishes to develop the
property or can reach agreement with CMS, a joint access agreement
will be required since reciprocal access is shown on the Master
Plan approved for the project.
The applicant is also requesting that Condition 8.9 be modified to
permit issuance of building permits prior to the recordation of the
Final Parcel Map. The Community Development Department can support
the modification so that prior to the issuance of any certificate
of occupancy on the project, the Final Parcel Map must be recorded,
because although the property is in single ownership buildings do
cross existing lot lines. This modification will ensure that the
applicant records the final map with the Orange County Recorder
prior to occupying the tenant spaces.
On January 14, 1991 the Planning Commission approved the above
modifications.
CONCLUSION
Staff and the Planning Commission has reviewed the above issues
associated with the Tentative Parcel Map and therefore recommends
that the City Council modify Condition No. 8.5 of Resolution 2795
to delete the portion requiring the joint parking and access
agreement with the adjacent Parcel known as the northeasterly 61.5
feet of Lot 1 of Tract No. 519 and Lot 2 of Tract No. 519 and
modify Condition No. 8.9 to permit issuance of building permits
prior to recordation
Community Development Department
City Council Report
CMS Development
January 21, 1991
I Page 3
of the Final Map by the adoption of Resolution No. 91-8 as
submitted or revised.
Beth Schoemann Christine A. Shinglet
Associate Planner Director of Communit evelopment
BBS:CAS:kbc\cros.bbs
Attachments: Resolution No. 91-8
Community Development Department
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RESOLUTION NO. 91-8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, APPROVING MODIFICATION TO
CONDITIONS OF APPROVAL OF TENTATIVE PARCEL MAP
90-104 LOCATED AT 14041-14061 NEWPORT AVENUE.
The City Council of the City of Tustin does hereby
resolve as follows:
I. The City Council finds and determines as follows:
A. That a proper application has been submitted
to the City Council requesting a modification
to Condition of Approval 8.5 of Resolution No.
2795 requiring a joint parking and access
agreement through the site (Parcel 1, 2, 3 of
Tentative Parcel Map 90-104) and adjacent
parcel commonly known as the northeasterly
61.5 feet of Lot 1 of Tract No. 519 and Lot 2
of Tract No. 519; and modification of
Condition 8.9 to permit issuance of building
permits prior to recordation of the Final Map.
B. That a modification to the Planning
Commission's approval of Tentative Parcel Map
90-104 has been reviewed by the Planning
Commission and City Council of the City of
Tustin of a request by CMS Development to
modify a condition requiring a joint parking
and access agreement through the site (Parcel
1, 21 3 of Tentative Parcel Map 90-104) and
adjacent parcel commonly known as the
northeasterly 61.5 feet of Lot 1 of Tract No.
519 and Lot 2 of Tract No. 519, and to modify
a condition to permit issuance of building
permits prior to recordation of the Final Map.
C. That a public hearing was duly called, noticed
and held for said modification on January 14,
1991 by the Planning Commission.
D. This project is Categorically Exempt, Class 15
from the requirements of the California
Environmental Quality Act for the subject
project area.
E. That the proposed modifications are in
conformance with the Tustin Area General Plan,
and Subdivision Map Act.
II. The City Council hereby approves the modification
to condition 8.5 of Resolution No. 2795 requiring a
joint parking and access agreement through the site
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Resolution No. 91-8
Page 2
(Parcel 1, 21 3 of Tentative Parcel Map 90-104) and
eliminating the portion requiring the agreement
with adjacent parcel commonly known as the
northeasterly 61.5 feet of Lot 1 of Tract No. 519
and Lot 2 of Tract No. 519, and to permit issuance
of building permits prior to the recordation of the
Final Map. All other Conditions of Approval
contained in Planning Commission Resolution 2795
shall remain in force.
PASSED AND ADOPTED at a regular meeting of the Tustin
City Council, held on the 21st day of January, 1991.
RICHARD EDGAR
Mayor
MARY WYNN
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN
CERTIFICATION FOR RESOLUTION NO.
MARY E. WYNN, City Clerk and ex -of f icio 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 ; that the above and
foregoing Resolution No. was duly and regularly
introduced, passed and adopted at a regular meeting of
the City Council held on the day of
19900, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk