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RESOLUTION NO. 3765
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE
TENTATIVE PARCEL MAP 2000-219 TO COMBINE THE THREE
EXISTING LOTS TOTALING 30,636 SQUARE FEET LOCATED AT
12569 NEWPORT AVENUE INTO TWO LOTS FOR THE PURPOSE OF
DEVELOPING TWO MEDICAL/GENERAL OFFICE BUILDINGS.
The Planning Commission of the City of Tustin does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A. That Tentative Parcel Map 2000-219 to combine three existing lots
totaling 30,636 square feet located 12569 Newport Avenue into two lots
of 12,398 square feet and 18,238 square feet for the purpose of
developing two medical/general office buildings was submitted by Dr.
Steve Shepherd and Steve Mcl<inlay for consideration;
B. That on September 27, 1999, the Planning Commission recommended
that the City Council approve Design Review 98-036 to construct two
medical/general office buildings at the property located at 12569 Newport
Avenue;
C. That Design Review 98-036 was approved by the City Council on
November 1, 1999 authorizing the construction of two medical/general
office buildings with the condition that a tentative and final parcel map
combining the three existing lots into one lot be approved and recorded.
Following City Council approval and inconsistent with Resolution No. 99-
95, the applicant sold the lots to two different parties. Tentative Parcel
Map 2000-219 is proposed to combine three lots into two lots to reflect
two property owners.
D. That a public hearing was duly called, noticed and held for Tentative
Parcel Map 2000-219 on January 8, 2001 by the Planning Commission;
E. That the proposed subdivision involves the combination of less than four
(4) parcels and is Categorically Exempt pursuant to Section 15315
(Class 15) 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;
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Planning Commission Resolution 3765
TPM 2000-219
January 8, 2001
Page 2
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;
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;
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.
Also, the existing five (5) foot wide sidewalk along the frontage of the
development will require removal and construction of an eight (8) foot
wide sidewalk. This construction will require dedication of three (3) feet
of additional right-of--way along the entire Newport Avenue frontage to
meet current City standards and ADA requirements; and,
L. That the design of the subdivision or the types of improvements
proposed are not likely to cause serious public health problems.
II. The Planning Commission hereby recommends that the City Council approve
Tentative Parcel Map 2000-219 to combine three existing lots totaling 30,636
square feet located at 12569 Newport Avenue into two lots of 12,398 square
feet and 18,238 square feet for the purpose of developing two medical/general
office buildings, 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 8~' day of January, 2001.
T V. KOZAK
Chairperson
ELIZABETH A. INSACK
Planning Commission Secretary
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Planning Commission Resolution 3765
TPM 2000-219
January 8, 2001
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. 3765 was duly passed and adopted at a regular meeting of the
Tustin Planning Commission, held on the 8th day of January, 2001.
}
LIZABETH A. INSACK
Planning Commission Secretary
EXHIBITA
TENTATIVE PARCEL MAP 2000-219
RESOLUTION NO. 3765
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted
plans for the project date stamped January 8, 2001 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 recordation of the final map for the project,
subject to review and approval of the Community Development
Department.
(1) 1.3 The subject approval shall become null and void unless a final map is
submitted for review and approval 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.
(1) 1.4 Approval of Tentative Parcel Map 2000-219 is contingent upon the
applicant and property owners signing and returning a notarized
"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.
1.6 A draft reciprocal parking, access and circulation agreement shall be
submitted to the Community Development Department for review and
approval prior to recordation.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODES
(4) DESIGN REVIEW
*** EXCEPTIONS(1)
(5) RESPONSIBLEAGENCY
REQUIREMENTS
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
Exhibit A
Planning Commission Resolution 3765
January 8, 2001
Page 2
(5) 1.7 The applicant shall submit a hold harmless letter identifying the risk of
proceeding with the issuance of permits prior to recordation of a final
map.
(***) 1.8 Within fifteen (15) days of the approval, an applicant shall submit a
complete conditional use permit application to establish a temporary
office use.
MAP SUBMITTAL
(1) 2.1 Final Parcel Map 2000-219 shall be reviewed and approved by the City
Council and recorded with the County of Orange within ninety (90) days
of this approval and prior to occupancy of the first building.
(1) 2.2 The applicants shall comply with all Conditions of Approval identified in
City Council Resolution 99-95 and Planning Commission Resolution No.
3766.
(1) 2.3 The subdivider shall conform to all applicable requirements of the State
Subdivision Map Act and the City's Subdivision Ordinance.
(1) 2.4 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.
(3) 2.5 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 (2) percent and the maximum ramp slope of the
drive apron shall be ten (10) percent. This may require dedication of
additional right-of--way to accommodate the sidewalk construction. Also,
the existing five (5) foot wide sidewalk along the frontage of this
development will require the removal and construction of an eight (8)
foot wide sidewalk. This construction will require dedication of three (3)
feet of additional right-of-way along the entire Newport Avenue frontage
to meet current City standards and ADA requirements. Prior to
recordation of the map, 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 Division
for review and approval.
Exhibit A
Planning Commission Resolution 3765
January 8, 2001
Page 3
(1) 2.6 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.
CC&Rs
(1) 3.1 Prior to approval of the final map, all organizational documents for the
establishment of a maintenance association of the two properties
including any deed restrictions, covenants, conditions, and restrictions
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. CC&Rs shall include, but not be limited to, the
following:
A. 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. "Association" bylaws shall be established.
C. Provisions for effective establishment, operation, management,
use, repair and maintenance of all building and site improvement
including landscaped areas, walls and fences, private roadways
(i.e., walks, sidewalks, trails) and. trash enclosures for the two
proposed parcels shall be included.
D. Membership in the "Association" shall be inseparable from
ownership in individual lots.
E. Maintenance standards shall be provided for applicable items
listed in Section C above in CC&Rs. Maintenance standards
shall include, but not limited to, the following:
1. All building and site improvements contained within the
two proposed parcels, including but not limited to,
landscaping and private areas visible from any public way
shall be properly maintained such that they are evenly
i
Exhibit A
Planning Commission Resolution 3765
January 8, 2001
Page 4
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.
2. 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.
3. All buildings and site improvements contained within the
two proposed parcels 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.
F. 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 reciprocal
parking, access and circulation agreement required by Condition
1.6 of this Resolution shall be described and included within the
CC&Rs.
G. All utility services serving the site shall be installed and
maintained underground.
H. The "Association" shall be required to file the name, address,
and telephone number of at least one member of the
Association Board and the project manager before January 1St of
each year with the Community Development Department for the
purpose of contacting the Association.
I. The "Association" shall inform and disclose all new members of