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HomeMy WebLinkAboutCC RES 99-064 2 RESOLUTION NO. 99-64 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN 4 APPROVING FINAL PARCEL MAP 99-161 TO COMBINE THREE 5 LOTS LOCATED AT 145, 155 AND 165 EL CAMINO REAL INTO ONE LOT FOR THE PURPOSE OF DEVELOPING A 10,712 SQUARE 6 FOOT BUILDING. 7 8 The City Council of the City of Tustin does hereby resolve as follows: ~0 i. The City Council finds and determines as follows: 2~ A. That Final Parcel Map 99-161 to combine three lots located at 145, ~55 ~_ and 165 El Camino Real into one lot for the purpose of developing a 10,712 square foot building, was submitted by Gregory Bennett on behalf 23 of Prescott Properties for consideration; ~4 B. That the Planning Commission recommended that the City Council ~5 approve Tentative Parcel Map 99-161 on July 12, 1999, and the City Council approved Tentative Parcel Map 99-161 on August 2, 1999;- ~6 C. That Final Parcel Map 99-161 was considered by the City Council on ]7 August 16, 1999; D. That the applicant requested ;that review of Final Parcel Map 99-161 be 39 expedited to accommodate immediate project implementation and '20 construction, that Final Parcel Map 99-161, as submitted, does not, illustrate minimum required information, and that the Final Parcel Map ~-~ 99-161 and development site plans will need to be revised in accordance 2~- with Exhibit A of this resolution and submitted to the Community Development Department prior to the recordation of the map and/or 23 issuance of building permits. 24 E. That, as conditioned, the proposed subdivision is in conformance with 25 the Tustin Area General Plan, Tustin Zoning Code, State Subdivision Map Act and the City's Subdivision Code; 26 F. That the site is physically suitable for the type of development proposed; 27 28 G. That the site is physically suitable for the proposed density of development; 29 ~ City Council Resolution No. 99-64 FPM 99-161 2 August 16, 1999 3 Page 2 4 H. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and s avoidably injure fish or wildlife in their habitat; 6 I. 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, 9 J. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. ]0 K. That Final Parcel Map 99-161 is Categorically Exempt (Class 15) from n the provisions of the California Environmental Quality Act pursuant to ~2 Section 15315; ~3 L. That the project has been reviewed for compliance with the Americans ~4 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 ~5 drive aprons are necessary for compliance with the requirements of ADA; ~6 M. That the project has been reviewed for consistency with the Air Quality ~? Sub-Element of the City of Tustin General Plan and has been determined to be consistent or has been conditioned to be'Consistent ~8 with the Air Quality Sub-Element. 19 II. The City Council hereby approves Final Parcel Map 99.161 located at 145, 155, 20 and 165 El Camino Real, subject to the conditions of approval within Exhibit A, attached hereto, to the satisfaction of the Community Development and Public 2~ Works Departments and the City Attorney prior to recordation. 22 PASSED AND ADOPTED at a regular meeting of the. Tustin City Council, held on the 23 16th day of August, 1999. 24 25 , 26 27 S WORLEY \ / 28 /~~/~L~IC~~V~/ MAYOR 29 _ PAMELA STOKER CITY CLERK EXHIBIT A 'FINAL PARCEL MAP 99-161 RESOLUTION NO. 99-64 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The Subdivider shall record with appropriate. agencies, Final Parcel Map 99-161 prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein, within twenty-four months of the date of this approval and prior to issuance of building permits. (1) 1.2 The map shall not be considered to be in "recordable form" until it is in compliance with the Subdivision Map Act and the City of Tustin Subdivision Manual subject to the satisfaction of the City Engineer. (5) 1.3 The applicant shall revise the final map in accordance with the following corrections to the satisfaction of the Community Development and Public Works Departments and the City AttOrney prior to recordation of the map. The Final Parcel Map and Title Sheet must be prepared, stamped and signed by.a California Registered Civil Engineer. i. Title Sheet: a) The acreage detail at the upper left corner must be revised to state 0.516 acres. b) The word f'Parcer' in the upper left corner is spelled incorrectly and needs to be revised. c) The legal description must be revised to read "Lots 9, 11, and 13 in block 41..." d) The recordation date needs to be modified to read August 1999 rather than July 1999. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY ** EXCEPTION Exhibit A City Council Resolution No. 99-64 FPM 99-161 August 16, 1999 Page 2 e) Above the signature line for the Ownership Certificate statement the vesting ownership statement must be added as shown on the title report, which reads: 'tlohn A. and Mary M. Prescott, L.P." f) The Engineer's Statement must be revised to state: ".. :Subdivision Map Act and local ordinace at the request of Doug Prescott on July 1999. I hereby state that all monuments are of the character and occupy the positions indicated~ or that they will be set in such positions on or before ; and that said monuments are sufficient to enable the survey to be retraced." g) The County Surveyors Statement must be revised to refer to the subject property as a parcel and not a tract. h) The Notary Acknowledgement should leave enough room to enter both property owner's names on the designated line with '~nd"between the names. i) The City Clerk's Certificate must be modified to delete "and did also approve subject map...". This note is only used when the City is listed as an omitted signature. j) Provide the County's letter certifying that they have reviewed the final map. ii. Parcel Map: a) The width and approximate locations' of all existing and proposed easements or rights-of-way, whether public or private, for roads, drainage, sewers or flood control, slope maintenance or recreation purposes shall be illustrated on the map. This includes the required easements necessary for compliance with the Americans with Disabilities Act of 1990 (See Condition 1.13). b) Current Federal Americans with Disabilities Act-(ADA) requirements will need to be met at the drive aprons. This will Exhibit A City Council Resolution No. 99-64 FPM 99-161 August 16, 1999 Page 3 require construction of a minimum 'four-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. The dedication of additional right-of-way to accommodate the sidewalk construction shall be shown on the final map with an accompanying metes and bounds description. A legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer and/or California Licensed Land Surveyor, shall be submitted to the Engineering Division for review and approval for the map to be considered to be in recordable form. c) The recordation date needs to be modified to read August 1999 rather than July 1999. d) The sheet numbering in the upper left corner of the map must read '~ of 2'~ and the word '~aarcel" is misspelled and needs to be corrected. Delete the "A" at the end of the line. e) The third line of the Monuments Legend must be modified to read: "Set tag RCE 27156 a's noted." ' "'" f) The G.P.S. Station number in the Basis of Bearing is not accurate. It should be different than the O.C.S. Horizontal Control Station number. The numbers on the map must be corrected and statement must be modified to read: "The bearings shown hereon are based on the beating between O.C.S. Horizontal Control Station G.P.S. No. and G.P.S. Station being N 67'08'20" W per records on file in the office of the Orange County Surveyor." g) As required by the Subdivision Map Act, bonds and agreements must be furnished to the City prior to the recordation of this map, as security guaranteeing the setting of the monuments for this parcel map and all public improvements. Provide bond estimates for monumentation and public improvements (improvements within the public Exhibit A City Council Resolution No. 99-64 FPM 99-161 August 16, 1999 Page 4 right-of-way). Submit a public improvement plan along with the estimate to ensure validity of estimate pdor to recordation of-the map (5) 1.4 Pdor to the recordation of the map and issuance of building permits, the applicant shall submit a street improvement plan, prepared by a California Registered Civil Engineer, that incorporates all water lines, sewers, storm drains, etc. Existing and proposed improvements shall be labeled and identified as "to remain" or "to be removed." The Existing Street Improvement Plan No. R-1098 filed in the Engineering Division shall be referenced for the size and location of existing storm drain, water main and sanitary sewer facilities located on El, Camino Real, adjacent to this proposal. The plans shall depict the vertical and horizontal dimensions of existing and proposed street improvements and the location, configuration, and dimensions of areas to be dedicated. (5) 1.5 Prior to the issuance of grading permits, the direction and percent of drainage flow of streets and alleys shal! be shown on the grading. plan and approved by the Engineering Division. (1) 1.6 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act and the City's Subdivision Ordinance. .- ._-..-. (5) 1.7 Subdivider shall execute a subdivision/monumentation agreement and furnish the improvementJmonumentation bonds as required by the City Engineer prior to recordation of the final map. (5) 1.8 Prior to the issuance of a certificate of occupancy, the applicant shall be responsible for constructing a new driveway apron on the adjacent property to the south at 181 El Camino Real since the proposed project will eliminate partial access of the existing apron which encroaches over the property line. Plans for the new driveway apron at 181 El Camino Real shall be submitted for review and approval by the Community Development Department prior to construction. (1) 1.9 Preparation of a sedimentation and erosion control plan for all work related to this development will be required prior to issuance of building permits. (1) 1.10 Prior to issuance of building permits, a separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Exhibit A City CounCil Resolution No. 99-64 FPM 99-161 August 16, 1999 Page 5 Engineer, will be required 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. The level of detail on this plan shall accurately identify the locations of the existing interlocking pavers, the existing concrete panels and proposed construction. All new concrete shall match the existing with respect to color, texture, and score lines. Any disturbed or relocated interlocking pavers shall be replaced and/or reconstructed to match the existing, to the satisfaction of the City Engineer. Maintaining the aesthetic quality of those improvements is a priority within the Old Town area. Said plan shall include, but not be limited to the following: · Curb and gutter; · Sidewalk, including curb ramps for the phySiCally disabled; · Drive aprons; · Signing/striping plan; · Domestic water facilities; · Sanitary sewer facilities; · Street lighting; and, · Underground utility connections. - ~ -. In addition, a 24" x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, will be required. (1) 1.11 Prior to issuance of a grading permit, preparation and submittal of a final grading plan showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information: · Final street elevations at key locations. · .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. · All flood hazards of record. (1) 1.12 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. Exhibit A City Council Resolution No. 99-64 FPM 99-161 August 16, 1999 Page 6 (1) 1.13 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. (1) 1.14 Prior to issuance of a certificate of occupancy, current Federal Americans with Disabilities Act (ADA) requirements will need to be met at the drive aprons and shown on the street improvement plans. 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.. Prior to issuance of building permits, 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. (1) 1.15 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) 2.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Major thoroughfare and bridge fees in 'the amount of $3.03 per square foot of building area and will increase to $3.09 on July 1, 1999. A credit for the existing building area will be given and this fee will only apply to the net increase in building area. B. Orange County Sanitation District No: 7 sewer connection fees in the amount of $472.00 for each 1,000 square feet of building area. A credit for the existing building will be given pursuant to Orange County Sanitation District No. 7 Ordinance No. 735. (5) 2.2 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 Exhibit A City Council Resolution No. 99-64 FPM 99-161 August 16, 1999 Page 7 amount of $38.00 (thirty-eight dollars) to enable the City to ~le 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 Califomia Environmental Quality Act could be significantly lengthened. RESOLUTION CERTIFICATION STATE OF CALIFORNIA' ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) RESOLUTION NO. 99-64 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 16th day of August, 1999, by the following vote: COUNCILMEMBER AYES: Worley, Thomas, Doyle, Saltare!li COUNCILMEMBER NOES: None COUNCIL:MEMBER ABSTAINED None COUNCILMEMBER ABSENT: Potts Pamela Stoker, City Clerk