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HomeMy WebLinkAboutPC RES 3895RESOLUTION NO. 3895 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP 16527 TO SUBDIVIDE PARCEL 2 OF PARCEL MAP 2002-237 INTO SEVEN (7) LOTS FOR THE PURPOSE OF DEVELOPING A TOTAL OF 266,324 SQUARE FEET OF INDUSTRIAL BUILDINGS The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: That Voit Development submitted a Tentative Tract Map to subdivide Parcel 2 of Parcel Map 2002-237 into seven (7) lots, one (1) of which will contain thirteen (13) industrial buildings offering future owners fee title to the land underneath the building and an undivided interest in the common area (parking lots, drive areas, and landscape areas); the remaining six (6) industrial buildings will be located on fee simple lots at 1123 Warner Avenue; That a public hearing was duly called, noticed, and held for the Tentative Tract Map on October 13, 2003, by the Planning Commission; That the proposed subdivision is in conformance with the Tustin Area General Plan, Tustin Zoning Code, Planned Community District Regulations, State Subdivision Map Act, and the City's Subdivision Code; That the site is physically suitable for the type of development proposed in that the development of the new lots will comply with the development standards of the Planned Community Industrial (PC-IND) zoning district; That the site is physically suitable for the proposed density of development in that the development of the new lots will comply with the maximum permitted Floor Area Ratio (FAR) of 0.60:1 per the General Plan Industrial land use designation; That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems; That the north and south property lines extend to the centerlines of Warner Avenue, an existing major arterial street maintained by the City Ptanning Commission Resolution 3895 October 13, 2003 Page 2 of Tustin, and Bell Avenue, an existing local street maintained by the City of Tustin. As conditioned, requiring grants in fee of these existing street right-of-ways would be consistent with the Circulation Element Implementation Program as authorized by the City Council and the Tustin Subdivision Code, as permitted by the Subdivision Map Act, which mandates consistency with the Circulation Element. In addition, the applicant has elected to construct and grant in fee Lot A, an industrial cul-de-sac, as part of the project; That the location of the intersection of Warner Avenue and Pullman Street precludes the former Steelcase property and project site from having independent site access and a shared entrance driveway is necessary to provide ingress and egress to both parcels. As conditioned, the shared use of the driveway will continue to be ensured through the recordation of an updated reciprocal access agreement and the maintenance of site improvements on both parcels will be ensured through the recordation of an updated maintenance easement; and, As conditioned, all necessary dedications 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 will be provided. That the Planning Commission has recommended the City Council adopt as adequate the Final Mitigated Negative Declaration for Tentative Tract Map 16527 by adopting Resolution No. 3894 in conformance with the California Environmental Quality Act (CEQA). II. The Planning Commission hereby recommends that the City Council approve Tentative Tract Map 16527 to subdivide Parcel 2 of Parcel Map 2002-237 into seven (7) lots for the purposed developing of 266,324 square feet of building area at 1123 Warner Avenue, 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 13th day of October 2003. ELIZABETH A. BINSACK Planning Commission Secretary C JENN~ LI~I D/ . S 0 Chairperson Planning Commission Resolution 3895 October 13, 2003 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3895 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of October, 2003. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1) 1.~ (1) 1.2 (1) 1.3 (1) 1.4 EXHIBIT A TENTATIVE TRACT MAP 16527 RESOLUTION NO. 3895 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped October 13, 2003, on file with the Community Development Department, as herein modified, or unless otherwise indicated, as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to recordation of the final map for the project, subject to review and approval of the Community Development Department. The subject approval shall become null and void unless a final map is submitted for review, approval, and recordation within twenty-four (24) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. Approval of Tentative Tract Map 16527 is contingent upon the applicant and property owner signing and 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 "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. (1) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Planning Commission Resolution 3895 O~ober 13, 2003 Page 2 (1) 1.5 As a condition of approval, 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. (1) 1.6 The reciprocal access and circulation agreement shall be submitted to the Community Development Department for review and approval prior to recordation of the final map. The applicant shall be 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. The agreement shall identify reciprocal access and circulation, at a minimum, as follows: A. Lots 1, 3, 5, and 7 shall maintain reciprocal vehicle and pedestrian access; B. Lots 2, 4, 6, and 7 shall maintain reciprocal vehicle and pedestrian access; and, C. Lots 5, 6, and 7 shall maintain reciprocal access for emergency access only. (1) 1.7 The applicant shall comply with all conditions of approval identified in Design Review 03-015 (Resolution No. 3895), as approved by the Planning Commission on October 13, 2003. MAP SUBMITTAL (1) 2.1 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act and the City's Subdivision Ordinance. (1) 2.2 As required by the Subdivision Map Act, the subdivider shall execute a Subdivision and Monumentation Agreement and furnish the ImprovementJMonumentation Bonds as required by the City Engineer prior to recordation of the Final Map. Exhibit A Planning Commission Resolution 3895 October 13, 2003 Page 3 (1) 2.3 The applicant shall grant in fee to the City the remaining roadway right- of-way currently extending to the centerline of Bell Avenue and Warner Avenue for the full width of the property and appropriate right-of-way for corner cut-offs at the driveway and street locations. 2.4 Lot A shall be granted in fee to the City at the request of the applicant and shall be identified on the final map as a standard industrial cul-de- sac, and bonds for construction shall be executed prior to recordation of the final map. In addition, Lot A shall be constructed in the first phase of development as identified in Condition 1.2 of Resolution No. 3896 as a standard industrial cul-de-sac prior to acceptance by the City. (3) 2.5 A thirty (30) foot "No Build" easement shall be identified on the Final Tract Map along the west property lines of Lots 2, 4, 6, and 7 to comply with Section 505.2 of the 2001 California Building Code for allowable floor area. The thirty (30) foot is half of the required sixty (60) foot side yard setback from the existing building on Parcel 1 of Parcel Map 2002- 237. (1) 2.6 The subdivider shall show on the final map and 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. Specifically, where water facilities are to be located in private streets, the easement shall be a minimum of twenty (20) feet wide for main lines. Easements ten (10) feet wide and extending five (5) feet beyond all fire hydrants and services laterals shall also be required, including ten (10)-foot wide water service lateral easements and meter box easements. Easements shall be located within unobstructed areas and clear access to the meter boxes shall be provided at all times. (1) 2.7 Upon recordation of the Final Map, the applicant shall obtain new address numbers from the Engineering Division. (3) 2.8 This subdivision shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State and Regional Water Quality Control Board rules and regulations. CC&Rs (1) 3.1 Prior to approval of the Final Map, an updated maintenance easement Exhibit A Planning Commission Resolution 3895 October 13, 2003 Page 4 party responsible for maintaining the easement area at the Warner Avenue/Pullman entrance, including pavement, hardscape, and landscape improvements. The maintenance easement shall be submitted to and approved by the Community Development Department and the City Attorney prior to recordation of the final map. The applicant shall be 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. (1) 3.2 Prior to issuance of building permits or recordation of the final map, whichever occurs first, all organizational documents for the project on Lot 7, including any covenants, conditions, and restrictions (CC&Rs), shall be submitted to and approved by the Community Development Department and the City Attorney's Office and recorded with County Recorder'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 within five (5) days of recordation. At a minimum, the following items shall be included: 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. The requirement that association bylaws be established. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including buildings and amenities, landscaped areas, walls and fences, private roadways (i.e., walks, sidewalks), etc. Maintenance standards shall also be provided. Examples of maintenance standards are shown below. All common area landscaping and private areas visible from any public way shall be properly maintained such that they are 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 vehicular or pedestrian traffic. 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 Exhibit A Planning Commission Resolution 3895 October 13, 2003 Page 5 damage to sidewalks, driveways, and structures. All private roadways, sidewalks, and open space areas 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. Membership in the association shall be inseparable from ownership in individual units. Architectural controls shall be provided and may include, but not be limited to, provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as mechanical equipment, television and radio antenna, and signs, consistent with the Tustin City Code and the Planned Community Industrial zoning district. Parking controls shall be provided and may include, but not be limited to, provisions regulating vehicle and truck deliveries, vehicle and truck parking, loading and unloading activities, etc. ORANGE COUNTY FIRE AUTHORITY (5) 4.1 Prior to recordation of Final Tract Map 16527, the applicant shall obtain all necessary approvals from the Orange County Fire Authority. FEES (1) 5.1 The applicant shall submit to the City of Tustin a CC&R review fee of $190.00 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 $150 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. Exhibit A Planning Commission Resolution 3895 October 13, 2003 Page 6 (1) 5.2 Within forty-eight (48) hours of approval of the subject project by the City Council, 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 that 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.