HomeMy WebLinkAbout05 LOT LINE ADJ #2007-02: THE DISTRICT 11-20-07AGENDA REPORT
MEETING DATE: NOVEMBER 20, 2007
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT: LOT LINE ADJUSTMENT NO. 2007-02: THE DISTRICT AT TUSTIN
LEGACY (VESTAR/KIMCO TUSTIN, L.P.)
SUMMARY
The proposed Lot Line Adjustment is being requested by Vestar/ Kimco Tustin, L.P. to move
an existing lot line to adjust the size of two (2) separate parcels for development purposes.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 07-86 approving Lot Line
Adjustment No. 2007-02.
FISCAL IMPACT
None.
BACKGROUND
Vestar/Kimco Tustin, L.P. is requesting a lot line adjustment between two (2) parcels at
2695 and 2895 Park Avenue. The parcels are located within the District at the Tustin
Legacy. The adjustment in the proposed property will accommodate the construction of the
trash enclosure on Parcel 2 to serve the future In-N-Out Burger on Parcel 2.
DISCUSSION
Lot line adjustments are provided for in Section 66412(d) of the California Subdivision Map Act.
In that Section, the Act provides for local authorities to approve lot line adjustments where land
taken from one lot/parcel is added to an adjacent lot/parcel, and where a greater number of
parcels than originally existed are not created.
The attached documents, consisting of the application and Resolution No. 07-86, will provide
for the requested adjustments once Resolution No. 07-86 has been adopted by the City
Council and the lot line adjustment application has been recorded at the Orange County
Recorder's Office.
Lot Line Adjustment No. 2007-02: Vestar
Novemeber 20, 2007
Page 2
The Lot Line Adjustment Application has been reviewed by both the Community Development
Department and the Public Works Department/Engineering Division. The proposed
adjustments have been determined to be in compliance with all zoning requirements of the
City, the provisions of the California Subdivision Map Aet, and the California Environmental
Quality Act.
Tim D. Serlet Doug nderson
Director of Public Works/City Engineer Development & Transportation Services Manager
TDS: DRK: ccg: LLA2007-02 Vestar & Reso 07-86.doc
Attachments: Resolution No. 07-86
Location Map
Lot Line Adjustment Application
Exhibits "A ", and "B"
RESOLUTION NO.07-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING LOT LINE ADJUSTMENT N0.2007-02
WHEREAS, Section 66412(d) of the California Subdivision Map Act makes
provisions for a local agency to approve lot line adjustments where the land taken from
one parcel is added to an adjacent parcel and where a greater number of parcels than
originally existed is not thereby created; and
WHEREAS, the City Council of the City of Tustin has reviewed Lot Line Adjustment
No. 2007-02 and has made findings that the real property, described in Exhibit A and
shown on Exhibits B, complies with the provisions of the California Subdivision Map Act
and applicable City of Tustin ordinances and regulations including the requirements for
building sites; and
WHEREAS, the City Council of the City of Tustin has made the following findings:
1. That the proposal is eligible for processing as a lot line adjustment pursuant to
Section 66412 (d) of the California Subdivision Act;
2. That the requirements of the California Environmental Quality Act have been
met;
3. That the proposal is consistent with the City of Tustin General Plan; and
4. That the resultant parcels will meet the requirements of the City of Tustin Zoning
Code;
NOW, THEREFORE, BE IT RESOLVED that the proposed Lot Line Adjustment
No. 2007-02 as shown on Exhibits A and B is hereby approved and that the parcels be
considered building sites upon recordation of this document.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 20th day of November 2007.
Lou Bone, Mayor
ATTEST:
City Clerk
LOCATION MAP
LOT LINE ADJUSTMENT
N0. 2007-02
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PROJECT LOCATION
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FILE: lla 2007-02.dr.q
RECORDING REQUESTED BY &
WHEN RECORDED MALI. TO:
City of Tustin
Engineering Division
300 C®ntenniaJ Way
Tustin, CA 92780
APPLICATION F017
LOT LINE ADJUSTMENT NO. ZO~7-QZ~
RECORD OWNERS: PARCEL 1 PARCEL 2
NAME: Vestar/Kimco Tustin, L.P., a California Limited Partnership Same as Parcel 1
ADDRESS: 7575 Carson Boulevard; Long Beach, CA 90808
DAYTIME PHONE: (562) 538-1722
PARCEL 3 PARCEL 4
NAME: N/A N/A
ADDRESS:
DAYTIME PHONE:
fi / We} hereby certify that 1 } (I am / we are) the record owner (s) of all parcels proposed for adjustment
by this application, 2} (l / we) have knowledge of and consent to the filing of this application, 3} the
information sub ' ted in connection with this application is true and correct.
Vestar/K' tin b •Vestar California XXX, L.L.C., its General Partner
BY~ Manager Same as Parcel 1
Signatur (s) of owns s) of Parcel 1 Signature (s) of owner (s) of Parcel 2
N/A
SJgnature (s) of owner (s) of Parcel 3
N/A
5ignaEure (s) of owner (s) of Parcel 4
CONTACT PERSON: John Martin Smith, PLS -Development Resource Consultants, Inc.
ADDRESS;
----
East Kaiser Boulevard; Anaheim, CA 92688
DAYTIME PHONE: ~ i l4) b2SJ-6tS6()
OFFIC:F t 1_~F nr~ri v
DATE RECEIVED
NOVEMBER 1, 2007 A.P. NUMBERS
~~~_~~}_~~ REVIEWED 8~ APPROVED BY:
ZONING DESIGNATION C.E.Q.A. STATUS ~ CITY ENGINEER DATE:
MCAS TUSTIN SPECIFIC EXEMPT SECTION 15305
PLAN (SP-1) PLANNING
AREA 19 REVIEWED & APPROVED BY: CITY COUNCIL ACTION
DATE:
COMMUNITY REVEL. QIR ACTION:
DATE: ,~~ RESOLUTION:
State of )
ss.
County of ~ ~-- )
On ~, before me, ~l ~ U ersonally
p
appeared C,. ~-- ,personally own to me or proved to me on the
basis of sati factory evidenced to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or
the entity upon behalf of which the person(s) acted, executed the instrument.
my hand and official seal.
Notary Publi
My Commission Expires:
'?.d !U
SHELLY K. OROZCO
Mry P~op~ CouA~
My Co~san ExpM~
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EXHIBIT "A"
LOT LINE ADJUSTMENT 2007-02
LEGAL DESCRIPTION
OWNERS EXISTING PARCEL AP
NUMBER PROPOSED PARCELS
REFERENCE NUMBER
VESTAR/KIMCO TUSTIN, L.P. 434-441-29 PARCEL 1
PARCEL 1
BEING PARCEL 1 OF LLA 2006-02, IN THE CITY OF TUSTIN, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER DOCUMENT RECORDED JUNE 22, 2006 AS
INSTRUMENT NO. 2006000419431, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND:
BEGINNING AT THE MOST WESTERLY CORNER OF LOT 10 OF TRACT NO. 16695 AS
PER MAP FILED IN BOOK 866, PAGES 1 THROUGH 9 OF MISCELLANEOUS MAPS IN SAID
OFFICE OF THE COUNTY RECORDER; THENCE ALONG THE NORTHWESTERLY LINE OF
SAID LOT 10, NORTH 40°57'20" EAST, 29.47 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTHWESTERLY LINE, NORTH 49°02'40" WEST, 9.00 FEET TO
ALINE PARALLEL WITH AND 9.00 FEET NORTHWESTERLY OF SAID NORTHWESTERLY
LINE; THENCE ALONG SAID PARALLEL LINE, NORTH 40°57'20" EAST, 84.00 FEET;
THENCE LEAVING SAID PARALLEL LINE, SOUTH 49°02'40" EAST, 9.00 FEET TO SAID
NORTHWESTERLY LINE; THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH
40°57'20" WEST, 84.00 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 1.313 ACRES, MORE OR LESS.
THE ABOVE LEGAL DESCRIPTION IS DELINEATED ON EXHIBIT "B" AND IS MADE A PART
HEREOF FOR REFERENCE PURPOSES.
THIS DESCRIPTION AS PREPARED BY ME, OR UNDER MY DIRECTION, IN
CONFOR C IT H ROF SSIONAL LAND SURVEYOR'S ACT.
~O LAND SGR
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JO M. S ITH, P.L. 70 AT v~`~ JOHN MARTIN ~~
LI ENSE EXPIRES 12/31/07 - SMITH ~
EXP. 12/31 /07
`~~ 8070 ~~~~
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EXHIBIT "A" -Page 1 of 2
L:\2002\02-315 Vestar Tustin Retail\Exhibits\LLA SouthlLLA 2007-02\231511a 2007-02 exA.doc
EXHIBIT "A"
LOT LI N E ADJ USTM ENT 2007-02
LEGAL DESCRIPTION
OWNERS EXISTING PARCEL AP
NUMBER PROPOSED PARCELS
REFERENCE NUMBER
VESTAR/KIMCO TUSTIN, L.P. 434441-12 PARCEL 2
PARCEL 2
BEING ALL OF LOT 10 OF TRACT NO. 16695, IN THE CITY OF TUSTIN, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 866, PAGES 1 THROUGH
9 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY TOGETHER WITH THAT PORTION OF PARCEL 1 OF LLA 2006-02, IN THE CITY
OF TUSTIN, AS PER DOCUMENT RECORDED JUNE 22, 2006 AS INSTRUMENT NO.
2006000419431, IN SAID OFFICE OF THE COUNTY RECORDER DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 10; THENCE ALONG THE
NORTHWESTERLY LINE OF SAID LOT 10, NORTH 40°57'20" EAST, 29.47 FEET TO THE
TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHWESTERLY LINE, NORTH
49°02'40" WEST, 9.00 FEET TO A LINE PARALLEL WITH AND 9.00 FEET
NORTHWESTERLY OF SAID NORTHWESTERLY LINE; THENCE ALONG SAID PARALLEL
LINE, NORTH 40°57'20" EAST, 84.00 FEET; THENCE LEAVING SAID PARALLEL LINE,
SOUTH 49°02'40" EAST, 9.00 FEET TO SAID NORTHWESTERLY LINE; THENCE ALONG
SAID NORTHWESTERLY LINE, SOUTH 40°57'20" WEST, 84.00 FEET TO THE TRUE POINT
OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 0.936 ACRES, MORE OR LESS.
THE ABOVE LEGAL DESCRIPTION IS DELINEATED ON EXHIBIT "B" AND IS MADE A PART
HEREOF FOR REFERENCE PURPOSES.
THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN
CONFORIVIArbdCE_WI~H T~F~.PRC~ESSIONAL LAND SURVEYOR'S ACT.
JO M. SMITH, ` P.L.S. 8070 ~ 'DAT
LIC NSE EXPIRES 12/31/07
~~O LAND SGT`
~`~ JOHN MARTIN ~~
SMITH A
EXP. 12/31 /07
~9 8070 ~,~~~
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EXHIBIT "A° -Page 2 of 2
L:\2002\02-315 Vestar Tustin Retail\ExhibitslLLA South\LLA 2007-02\231511a 2007-02 exA.doc
EXH 161 T "6"
PLAT TO ACCOMPANY LEGAL DESCRIPTIONS FOR EXHIBIT "A"
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PROPOSED PROPERTY LINES
- - - - - - ADJUSTED PROPERTY LINE (PCL ;~) INDICATES PARCEL OF
ADJACENT PROPERTY LINES lLA APPLICATION.
- CENTERLINE
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N LOT LINE ADJUSTMENT 2007-02
° CITY OF TUSTIN, CALIFORNIA
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N LOT LINE ADJUSTMENT 2007-02
CITY OF TUSTIN, CALIFORNIA
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PROPOSED PROPERTY LINES
- - - - - - ADJUSTED PROPERTY LINE
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