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HomeMy WebLinkAboutCC RES 99-0921 z 3 4 s s 10 >> 12 13 14 ~s 16 ~~ is 19 zo zi zz 23 24 2s z~ z~ zs z9 RESOLUTION NO. 99-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE PARCEL MAP 99-196 TO SUBDIVIDE A 5.02 ACRE PARCEL LOCATED AT 2761 WALNUT AVENUE INTO TWO NUMBERED PARCELS FOR THE PURPOSE OF DEVELOPING A 33,141 SQURE FOOT OFFICE BUILDING. 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 99-196 to subdivide one parcel into two parcels for the purpose of developing a 33,141 square foot office building had been filed by Wayne Siu Architects on behalf of Jersey Business Center Associates for consideration; B. That the Planning Commission recommended approval of Design Review 99-022, authorizing the construction of a 33,141 square foot office building; C. That a public hearing was duly called, noticed and held for said map on October 25, 1999 by the Planning Commission, and the Planning Commission recommended that the City Council approve the project; D. That a public hearing was duly called, noticed and held for said map on November 1, 1999 by the City Council; E. A Negative Declaration has been prepared for adoption for this project in accordance with the provisions of the California Environmental Quality Act (CEQA). F. That the proposed subdivision is in conformance with the Tustin Area General Plan, Tustin Zoning Code, State Subdivision Map Act and the City's Subdivision Code; G. That the site is physically suitable for the type of development proposed; H. That the site is physically suitable for the proposed density of development; I. 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; z 3 4 s s io ti iz 13 l4 is 16 17 l8 ~~ 20 zi z2 23 24 25 26 27 28 29 Resolution No. 99-92 TPM 99-196 November 1, 1999 Page 2 J. That the design of the subdivision or the type of improvements proposed will not conflict with easements acquired by the public, for access through or use of the property within the proposed subdivision; and, K. That the project has been reviewed for compliance with the Americans with Disabilities Act of 1990 and it has been determined that dedications of right-of-way to accommodate a four (4) foot wide sidewalk behind the drive aprons are necessary for compliance with the requirements of ADA. L. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. II. The City Council hereby approves Tentative Parcel Map 99-196 to subdivide one parcel into two parcels for the purpose of developing a 33,141 square foot at 2761 Walnut Avenue within the Irvine Industrial Complex, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 1S` day of November, 1999. ~l~ b(ir MA P MELA STOKER RK EXHIBIT A TENTATIVE PARCEL MAP 99-196 RESOLUTION NO. 99-92 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 25, 1999 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. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within eighteen (18) 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. (1) 1.4 Approval of Tentative Parcel Map 99-196 is contingent upon the applicant and property owners signing and returning an "Agreement to Conditions Imposed" form as established by the Community Development Department. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Resolution No. 99-92 November 1, 1999 Page 2 MAP SUBMITTAL (1) 2.1 The subdivider shall record with appropriate agencies, Final Parcel Map 99-196 prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein. (1) 2.2 Prior to recordation of the Final Parcel Map 99-196, a reciprocal storm drain easement agreement for the benefit of Parcel 2, shall be executed and recorded subject to final approval by the City Attorney. (1) 2.3 The applicant shall comply with all Conditions of Approval identified in Planning Commission Resolution No. 3699 for Design Review 99-022. (1) 2.4 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act and the City's Subdivision Ordinance. (1) 2.5 As required by the Subdivision Map Act, the subdivider shall execute a Subdivision and Monumentation Agreement and furnish the Improvement/Monumentation Bonds as required by the City Engineer prior to recordation of the Final Map. (1) 2.6 Provide a separate 24"x36" street improvement plan, as prepared by a California Registered Civil Engineer 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 light relocation e) Catch basin/storm drain laterals/connection to existing storm drain systems f) Domestic water facilities g) Sanitary sewer facilities h) Underground utility connection (1) 2.7 Provide a 24"x36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation. Exhibit A Resolution No. 99-92 November 1, 1999 Page 3 (1) 2.8 Provide a sedimentation and erosion control plan for all work related to this development. (1) 2.9 Prepare and submit a final grading plan showing all pertinent elevations as they pertain to public right-of--way along with delineating the following information: a) Final street elevations at key locations. b) Final pad/finished floor elevations and key elevations for all site grading. All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. c) All flood hazards of record. (1) 2.10 Any damage done to existing street improvements and utilities shall be repaired before acceptance of the parcel map and or issuance of a Certificate of Occupancy for the development. (1) 2.11 Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. (1) 2.12 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all federal, state and regional water quality controls board rules and regulations. (3) 2.13 At the time of construction of the project, current Federal Americans with Disabilities Act (ADA) requirements will need to be met at the drive aprons. This will require construction of a minimum four- (4) foot wide sidewalk behind the drive apron. The maximum cross slope of the sidewalk shall be two percent and the maximum ramp slope of the drive apron shall be ten percent. This may require dedication of additional right-of-way to accommodate the sidewalk construction. A legal description and sketch of the dedication area, as prepared by a CA Registered Civil Engineer and/or CA Licensed Land Surveyor, shall be submitted to the Engineering Div. for review and approval. FEES (1) 3.1 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 $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such Exhibit A Resolution No. 99-92 November 1, 1999 Page 4 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. RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) RESOLUTION N0. 99.92 Pamela Stoker, 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 is five; that the above and foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 1st day of November, 1999, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED COUNCILMEMBER ABSENT: Worley, Thomas, Doyle, Potts, Saltarelli None None None la Stoker, City Clerk