HomeMy WebLinkAboutCC RES 99-088 RESOLUTION NO. 99-88
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3 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING TENTATIVE PARCEL MAP 99-197 TO COMBINE THE
4 TWO LOTS LOCATED AT 13922 RED HILL AVENUE INTO ONE LOT
FOR THE PURPOSE OF DEVELOPING A 3,322 SQUARE FOOT
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FAST FOOD RESTAURANT.
? The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
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A. That Tentative Parcel Map 99-197 to combine two lots located at 13922
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Red Hill Avenue into one lot for the purpose of developing a 3,322
n square foot fast food restaurant was submitted by Consolidated
Restaurants of California for consideration;
~3 B. That Conditional Use Permit 99-002(A) and Design Review 99-001 were
approved by the Planning Commission on July 12, 1999, authorizing the
14 construction of a 3,322 square foot fast food restaurant;
~s C. That a public hearing was duly called, noticed and held for said map on
~6 October 11, 1999 by the Planning Commission, and the Planning
Commission recommended that the City Council approve the project;
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D. That a public hearing was duly called, noticed and held for said map on
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October 18, 1999 by the City Council;-
E. That the project is Categorically exempt (Class 15) from the provisions of
:0 the California Environmental Quality Act pursuant to Section 15315;
F. That the proposed subdivision is in conformance with the Tustin Area
22 General Plan, Tustin Zoning Code, State Subdivision Map Act and the
23 City's Subdivision Code;
24 G.' That the site is physically suitable for the type of development proposed;
25 H. That the site is physically suitable for the proposed density of
26 development;
27 I. That the design of the subdivisionor the proposed improvements are not
~-s likely to cause substantial environmental damage+ or substantially and
avoidably injure fish or wildlife in their habitat;
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Resolution No. 99-88
TPM 99-197
2 October 18, 1999
Page 2
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4 J. That the design of the subdivision or the type of improvements proposed
will not conflict with easements acquired by the public, for access
5 through or use of the property within the proposed subdivision;and,
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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
8 drive aprons are necessary for compliance with the requirements of ADA.
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L. That a Traffic Impact Analysis was prepared for this project, and it has
20 been determined that dedications of right-of-way to accommodate
n expansion of Red Hill Avenue and El Camino Real are necessary to
mitigate the traffic impacts identified in the Traffic Impact Analysis.
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M. That the design of the subdivision or the types of improvements
is proposed are not likely to cause serious public health problems.
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II. The City Council hereby approves Tentative Parcel Map 99-197 to combine two
~5 lots located 13922 Red Hill Avenue into one lot for the purpose of developing a
3,322 square foot fast food restaurant, subject to the conditions contained in
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Exhibit A attached hereto.
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PASSED AND ADOPTED at a regular meeting of the Tustin c-ity Cottnc'i l
~8 held on the 18th day of October, 1999.
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2]
:2 '~~ ~ MAYOR "'----J
23' PAMELA STOKER
CITY CLERK
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25
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EXHIBIT A
TENTATIVE PARCEL MAP 99-197
RESOLUTION NO. 99-88
CONDITIONS OF APPROVAL
GENERAL
(1)' 1.1 The proposed project shall substantially conform with the submitted
plans for the project date stamped October 18, 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 Direc-lor 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 99-197 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.
MAP SUBMITTAL
(1) 2.1 Prior to issuance of building permits, the Subdivider shall record with
appropriate agencies Final Parcel Map 99-197 prepared in accordance
with Subdivision requirements of the Tustin Municipal Code, the State
SUbdivision Map Act, and applicable conditions contained herein.
SOURCE CODES
(1) STANDARD' CONDITION (5) RESPONSIBLE AGENCY
(2) CEQA MITIGATION REQUIREMENTS
(3) UNIFORM BUILDING CODEIS (6) LANDSCAPING GUIDELINES
(4) DESIGN REVIEW (7) PCICC POLICY
*** EXCEPTIONS
Exhibit A
Resolution No. 99-88
October 18, 1999
Page 2
(1) 2.2 Applicant shall comply with all Conditions of ApprOval identified in
Planning Commission Resolution No. 3681.
*** 2.3 In addition to Condition No. 4.15 of Planning Commission Resolution No.
3681, the applicant shall comply with the following:
· The property owner shall dedicate twelve (12) feet of additional street
right-of-way along El Camino Real from the ultimate end curb return
(ECR) at the southeast corner of Red Hill Avenue and El Camino
Real to the easterly boundary of the Subject property. The ultimate
curb return will have a radius of thirty-five (35) feet and the ECR will
be located 32.00 feet southwesterly from the centerline of El Camino
Real. This parcel shall be in the form of an irrevocable offer of
dedication at this time.
· An additional parcel shall be dedicated at this time to accommodate
the appropriate corner cut-off from the ultimate begin curb return
(BCR) to the ultimate ECR. The ultimate BCR will be located sixty-
one (61) feet southeasterly from the centerline of Red Hill Avenue.
The corner cut-off will intersect the ultimate right-of-way line of Red
Hill Avenue (70 feet from the centerline) and the ultimate right-of-way
line of El Camino Real (40feet from the centerline).
· Provide legal descriptions and sketches as prepared by a California
Registered Civil Engineer or California Licensed Land Surveyor.
These legal descriptions and sketches are tO be submitted to the
Engineering Division for review and approval prior to issuance of
building permits.
· All dedications and/or offers of dedication shall also state that the City
of Tustin shall be permitted to obtain, at no cost, a right-of-entryfor all
on-site joins when the ultimate street improvements are constructed.
The right-of-entry shall terminate on the date that the Notice of
Completion of Public Improvements is recorded at the Orange County
Recorder's Office.
(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
ImprovementJMonumentation Bonds as required by ~the City Engineer
prior to recordation of the Final Map,
Exhibit A
Resolution No. 99-88
October 18; 1999
Page 3
(1) 2.6 At the time of construction of the project, the developer will be
responsible for any traffic signing and/or striping along El Camino Real,
which will be required as a result of this development.
(3) 2.7 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.
(1) 2.8 This development 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.
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
forty-eight (48)hour period that applicant has not delivered to the
Com'munity 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 NO. 99-88
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 18TM day of October, 1999, by the following vote: v
COUNCILMEMBER AYES: Worley, Thomas, Doyle, Potts, Saltarelli
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED None
COUNCILMEMBER ABSENT: None
Pamela Stoker, City Clerk