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HomeMy WebLinkAboutC.C. RES 03-092RESOLUTION NO. 03-92 A RESOLUTION OF THE CITY OF TUSTIN CITY COUNCIL APPROVING TENTATIVE PARCEL MAP 2003-131 TO RESUBDIVIDE A 4.09 ACRE SITE LOCATED AT THE NORTHEAST CORNER OF EL CAMINO REAL AND SIXTH STREET INTO FOUR (4) NEW PARCELS FOR THE PURPOSE OF DEVELOPING A GARDEN CENTER ON A 1.47-ACRE PARCEL AT THE NORTHWEST OF THE PROPERTY FOR A GARDEN CENTER The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: That a proper application for Tentative Parcel Map 2003-131 was submitted by TJS Architects on behalf of the property owner (John A. and Mary Prescott L.P.) and Armstrong Garden Center requesting to resubdivide a 4.09 acre site (located at the northeast corner of El Camino Real and Sixth Street) into four (4) new parcels to develop a garden center on a 1.47-acre parcel at the northwest of the property; That a public hearing was duly called, noticed, and held for said map on July 14, 2003, by the Planning Commission and the Planning Commission adopted Resolution No. 3880 recommending that the City Council approve Tentative Parcel Map 2003-131; That a public hearing was duly called, noticed, and held for said map on July 21, 2003, by the City Council; That the proposed subdivision is in conformance with the General Plan, State Subdivision Map Act and the City's Subdivision Code; That the site is located within the Central Commercial (C-2) zoning district and Cultural Resources and Parking overlay Districts and is physically suitable for the type of development and proposed density of development; That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage, cause serious public healthI problems, or substantially and avoidably injure fish or wildlife in their habitat; The proposed subdivision is not located within a 100-year flood plain according to the Federal Emergency Management Agency map for the area dated August 9, 2002; H. That the project is categorically exempt (class 15) pursuant to section 15315 of the Califomia environmental quality act. That the driveway aprons at the alley from Main Street and El Camino Real would need to comply with current Federal American with Disabilities Act (ADA) requirements. II. The City Council hereby approves Tentative Parcel Map 2003-131 to resubdivide a 4.09-acre site into four (4) new parcels to develop a garden center on a 1.47-acre parcel at the northwest of the property, subject to the conditions of approval contained in Exhibit A attached hereto. City Council Resolution No. 03-92 July 21,2003 Page 2 PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 21st day of July, 2003. TRACY W~LS WORLEY MAYOR CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do 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. 03-92 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 21s~ day of July, 2003, by the following vote: COUNCILMEMBERAYES: wo~-~..v. ~ .... hiram: Rnn~: T~ ..... % Thom~ (g) COUNClLMEMBER NOES: ~one (0) COUNClLMEMBER ABSTAINED: ~one (0) COUNClLMEMBER ABSENT: ~one (0) PAM Ei~A-S~K'%--4~ CITY CLERK GENERAL (1) 1.1 (1) t.2 (1) 1.3 EXHIBIT A TENTATIVE PARCEL MAP 2003-131 RESOLUTION NO. 03-92 CONDITIONS OF APPROVAL The proposed Project shall substantially conform with the submitted plans for the project date stamped July 21, 2003, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. Approval of Tentative Parcel Map 2003-131 is contingent upon the applicant returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. As a condition of approval of Tentative Parcel Map 2003-131, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third- party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTION (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY City Council Resolution No. 03-92 July 21, 2003 Page 2 (1) 1.4 Within 24 months from tentative map approval, the subdivider shall record 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 9323 of the Tustin Municipal Code. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days pdor to expiration. (1) 1.5 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, and the City's zoning regulations. (5) 1.6 The subdivider shall be required to execute subdivision/monumentation agreements and provide improvement/monumentation bonds to the City prior to recordation of the final map. (1) 1.7 Prior to final map approval, the subdivider shall submit: A current title report; and, A duplicate mylar of the Final Map, or 8% inch by 11 inch transparency of each map sheet pdor to final map approval and "as built" grading, landscape, and improvement plans prior to Certificate of Acceptance. CC&Rs (c) 2.1 Prior to approval of the final map, all organizational documents for the project including CC&Rs shall be submitted to and approved by the Community Development Department and the City Attorney. The applicant is responsible for costs associated with the review of these documents. The approved CC&Rs shall be recorded prior to, or concurrently with, recordation of the final map. A copy of the final documents shall be submitted to the Community Development Department within five (5) days after their recordation. These provisions shall include, but not be limited to, the following: The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest, as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs. B. A covenant of easement for ingress and egress shall be established. C. Maintenance agreements shall be established. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities shall be included. Maintenance standards shall be provided for applicable items listed in Section D. Examples of maintenance standards are shown below: All common area landscaping shall be properly maintained such that it is evenly cut, evenly edged, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede pedestrian traffic along the walkways. Trees shall be pruned so they City Council Resolution No. 03-92 July 21, 2003 Page 3 do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. All private driveways 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. Common areas and facilities 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 causes harm or is materially detrimental to property values or improvements within three hundred (300) feet of the property. Driveways and other access to the site and buildings shall not be permanently or irrevocably assigned to any individual unit, tenant, or building. The minimum required number of accessible parking spaces required by the Americans with Disabilities Act (ADA) shall be maintained on each of the properties. H. All utility services serving the site shall be installed and maintained underground. No amendment to alter, modify, terminate, or change the maintehance agreement's obligation to maintain the common areas and facilities or other CC&R provisions in which the City has an interest, as noted above, or to later modify, terminate, or change the City's right to enforce maintenance of the common areas and facilities shall be effective without prior written approval of the Community Development Department. PUBLIC WORKS DEPARTMENT (1) 3.1 The subdivider shall satisfy dedication and/or reservation requirements as applicable, including but not limited to, dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific locations by the City Engineer and other agencies. (1) 3.2 Reciprocal ingress, and egress shall be provided between all parcels. (1) 3.3 Prior to issuance of grading permit, the applicant shall prepare a Tentative Parcel Map consistent with City of Tustin Subdivision Manual. (1) 3.4 Subdivider's execution of a subdivision/monumentation agreement and furnishing the improvement/monumentation bonds as required by the City Engineer prior to recordation of the final map. (1) 3.5 Prior to recordation of the Final Map, the applicant shall provide fire protection access easements and dedicate them to the City. The easements shall be located within unobstructed areas and clear access shall be provided at all times. City Council Resolution No. 03-92 Ju~y 21, 2003 Page 4 (1) 3.6 (1) 3.7 (1) 3.8 (1) 3.9 (1) 3.10 Preparation and recordation of a final subdivision map will be required. Upon recordation of the Final Map, the applicant shall obtain a new address from the Engineering Division. Applicant shall relocate the meters and meter boxes into the public right of way. 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, records 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 standard file format is AutoCAD Release 13 or 14 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 14. Drawings created in AutoCAD Release 13 or Release 12 are compatible and acceptable. 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. The subdivision bonds will not be released until the "as built" CADD files have been submitted. FEES (1) 4.1 The applicant shall submit to the City of Tustin any additional CC&R Review fee required at the time of submittal. The CC&R Review fee includes one initial check and recheck of the document. If subsequent review is required, an hourly fee of $190 per hour (or rate in effect at the time of submittal) for City Attorney and $50 per hour (or rate in effect at the time of submittal) for Planning staff is required. (1) 4.2 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 forty- three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the 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.