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HomeMy WebLinkAboutCC RES 03-107RESOLUTION NO. 03-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 2003-169 TO SUBDIVIDE LOT "2" OF LOT LINE ADJUSTMENT 03-002 FOR CONDOMINIUM PURPOSES TO ACCOMMODATE THE DEVELOPMENT OF ELEVEN (11) OFFICE BUILDINGS AT 15151 WOODLAWN 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 Tentative Parcel Map 2003-169 is a request to subdivide Lot "2" of Lot Line Adjustment 03-002 (3.558 acres) located at 15151 Woodlawn Avenue into condominium subdivision to accommodate the development of eleven (11) office buildings totaling 57,161 square feet. That a public headng was duly called, noticed, and held for said map by the Planning Commission on August 11, 2003, and the Planning Commissio, n recommended approval of the project. That a public headng was duly called and held for said map by the City Council on August 18, 2003. That the project is Categorically Exempt pursuant to Section 15315, Class 15 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). That, as conditioned, the proposed subdivision will conform with the Tustin Area General Plan, Tustin Zoning Code, State Subdivision Map Act, and the City's Subdivision Code. That the site is physically suitable for the type of development proposed. 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. H. That the design of the subdivision proposed is not likely to cause serious public health problems. The City Council hereby approves Tentative Parcel Map 2003-169 to subdivide Lot "2" of Lot Line Adjustment 03-002 (3.558 acres) located at 15151 Woodlawn Avenue into condominium subdivision to accommodate the development of eleven (11) off~ce buildings totaling 57,161 square feet, subject to the conditions contained in Exhibit A attached hereto. Resolution No. 03-107 Page 2 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 18th day of August, 2003. Mayor PAMELA STOKER 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 nlumber of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 03-107 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 18 day of August, 2003, by the following vote: COUNCILMEMBERAYES: Kawashima, Bone, Davert, Thomas (4) COUNCILMEMBER NOES: None (0) COUNCILMEMBER ABSTAINED: None (0) COUNCILMEMBER ABSENT: WorZey (1) PAMELA STOKER CITY CLERK GENERAL (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 EXHIBIT A TENTATIVE PARCEL MAP 2003-169 RESOLUTION NO. 03-107 CONDITIONS OF APPROVAL The proposed Project shall substantially conform with the submitted plans for the project date stamped August 18, 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 2003-169 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 2003-169, 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 notity 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. 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 Deparb-nent within thirty (30) days prior to expiration. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEVV (7) PC/CC POLICY ~ EXCEPTIONS Exhibit A Resolution No. 03-107 Page 2 (1) 1.s 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 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 time. If the fire protection access easements are not dedicated on the final map, a separate instrument shall be submitted for review and recordation. (5) 1.8 Prior to issuance of grading permits, the applicant shall obtain approval of the Community Development and Public Works Departments for a Water Quality Management Plan (WQMP) specifically identitying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall identify the structural and non-structural measures which will be implemented on this project and shall detail the implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. The property owner and applicant shall be responsible for implementing the provisions of the WQMP on an ongoing, permanent basis. CC&Rs (c) 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 the City Attorney. The applicant is responsible for costs associated with the review of these documents. 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 limlted to, the following: The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R previsions in which the City has interest, as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs. A covenant of easement for ingress, egress, parking, and a common trash enclosure shall be established. C. Maintenance association bylaws shall be established. Exhibit A Resolution No. 03-107 Page 3 Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including landscaped areas, walls and fences, driveways, walks, parking spaces, utilities, and trash enclosures shall be included. Membership in the maintenance association shall be inseparable from ownership in individual lots. Maintenance standards shall be provided for applicable items listed in Section D. Examples of maintenance standards are shown below: I 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 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. Parking spaces, driveways, sidewalks, 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 accessible parking spaces required by the Americans with Disabilities Act (ADA) shall be maintained on each of the properties. All utility services serving the site shall be installed and maintained underground. Exhibit A Resolution No. 03-107 Page 4 The maintenance association shall be required to file the name, address, and telephone number of at least one member of the association before January 1st of each year with the Community Development Department for the purpose of contacting the association. The maintenance association shall inform and disclose all new members of the association upon purchase or a lease agreement on limitation of use of the shared access, driveways, and all common areas and facilities. Future expansions of any of the buildings would be subject to discretionary approval by the Community Development Department or Planning Commission, as applicable. No amendment to alter, modify, terminate, or change the maintenance association'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 A separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited to, the following: a) Curb and Gutter b) Sidewalk, including curb ramps for the physically disabled c) Drive aprons d) Street lighting e) Catch basin/storm drain laterals f) Domestic water facilities g) Sanitary sewer facilities h) Underground utility connections I) Signing and striping j) Signing and striping of Class I Bikeway on Newport Avenue connection to existing storm drain system In addition, a 24" x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation will be required. (4) 3,2 Ten (10) foot wide water service lateral easements and meter box easements shall be provided. Easements shall be located within unobstructed areas and clear access to the meter boxes shall be provided at all time. Exhibit A Resolution No. 03-107 Page 5 ('1) 3.3 (.~) Prior to recordation of the Final map, the applicant shall acquire an easement from the adjacent property for connection of proposed water service to existing water service. 3.4 Any damage done to existing street improvements and utilities would need to be repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (4) (1) (.~) (.~) 3.$ Reciprocal ingress, egress, parking, and pedestrian easements will need to be provided between each lot. 3.6 Subdivider's execution of a subdivision/monumentation agreement and furnishing the improvementJmonumentation bonds as required by the City Engineer prior to recordation of the Final Map. 3.7 The subdivider would need to 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. 3.8 Prior to recordation of a Final Map, the applicant would need to provide fire protection access easements and dedicate them to the City. The easements would need to be located within unobstructed areas and clear access would need to be provided at all times. 3,9 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 DepartmentJEngineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 14 or 2000 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 2000. Drawings created in AutoCAD Release 14 are compatible and acceptable. The CADD files would need to be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions would need to be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. Exhibit A Resolution No. 03-107 Page 6 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.