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HomeMy WebLinkAboutPC RES 3938 RESOLUTION NO. 3938 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP 2004-256 TO MERGE TWO PARCELS TO CREATE ONE PARCEL 29,733 SQUARE FEET IN AREA (0.68 ACRES) LOCATED AT 14001 AND 14011 NEWPORT AVENUE AND 770 EL CAMINO REAL (APNS. 401-641-05 AND 401-641-07) LOCATED AT THE SOUTHWEST CORNER OF EL CAMINO REAL AND NEWPORT AVENUE The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Tentative Parcel Map No. 2004-256 was submitted by Makena Great American requesting approval to merge two existing parcels to create a 29,733 square foot parcel (0.68 acres) located at the southwest corner of EI Camino Real and Newport Avenue for development of a 7,400 square foot single story retail building (assessor parcel numbers 401-641-05 and 401-641-07); B. That a public hearing was duly called, noticed, and held for said map on November 22, 2004, by the Planning Commission; C. That the proposed subdivision is in conformance with the Tustin General Plan land use designation of Old Town Commercial and the Central Commercial and Parking Overlay Zoning District in that these designations provide for the development of retail commercial projects; D. As conditioned, the map would be in conformance with the State Subdivision Map Act and Tustin City Code Section 9323 (Subdivision Code); E. That the site is physically suitable for the type of development proposed; F. That the site is physically suitable for the proposed density of the development; G. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. H. That the parcel map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; and, I. The parcel map is Categorically Exempt pursuant to Section 15315, Class 15 of Title 14, Chapter 3, of the California Code of Regulations (Guidelines for the California Environmental Quality Act). Resolution No. 3938 Tentative Parcel Map 2004-256 November 22, 2004 Page 2 II. The Planning Commission hereby recommends that the City Council approve Tentative Parcel Map 2004-256 to merge two parcels to create one parcel 29,733 square feet in area (0.68 acres) located at the southwest corner of EI Camino Real and Newport Avenue for development of a 7,400 square foot single story retail building, 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 22nd day of November, 2004 a~¿~L ELIZABETH A. BINSACK Planning Commission Secretary 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. 3938 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of November, 2004. ~;.w~~~ EL ZABETH A. BINSACK Planning Commission Secretary GENERAL (1 ) 1.1 (1) 1.2 (1 ) 1.3 (1 ) 1.4 EXHIBIT A TENTATIVE PARCEL MAP 2004-256 RESOLUTION NO. 3938 CONDITIONS OF APPROVAL The proposed Project shall substantially conform with the submitted plans for the project date stamped November 22, 2004, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. Approval of Tentative Parcel Map 2004-256 is contingent upon the applicant returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. As a condition of approval of Tentative Parcel Map 2004-256, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third-party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. Within 24 months from tentative map approval, the subdivider shall record with appropriate agencies a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9323 of the Tustin Municipal Code. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTION (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Tentative Parcel Map 2004-256- Conditions of Approval Resolution No. 3938 Page 2 (1 ) (5) (1 ) 1.5 1.6 1.7 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, and the City's zoning regulations. The subdivider shall be required to execute subdivision/monumentation agreements and provide improvementtmonumentation bonds to the City prior to recordation of the final map. Prior to final map approval, the subdivider shall submit: A. B. A current title report; and, A duplicate mylar of the Final Map, or 8% inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape, and improvement plans prior to Certificate of Acceptance. PUBLIC WORKS DEPARTMENT (1 ) (1 ) (1 ) (1 ) (1 ) 2.1 2.2 2.3 2.4 2.5 The applicant shall Grant in Fee Title ten (10) feet additional street right- of-way along Newport Avenue, and the appropriate corner cut-off shall be required for future street widening. This shall be in the form of an irrevocable offer of Grant Fee at this time. All dedications, offers of dedication, grant in fee, and/or offer of grant in fee shall also state that the City of Tustin shall be permitted to obtain, at no cost, a Temporary Construction Easement and a right-of-entry for 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 is recorded at the Orange County Recorder's office. The applicant shall satisfy dedication and/or reservation requirements as applicable, including but not limited to, dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer and other agencies. Subdivider's execution of a subdivision/monumentation agreement and furnishing the improvementtmonumentation bonds as required by the City Engineer prior to recordation of the final map will be required. Preparation and recordation of a final subdivision map will be required. In addition to the normal full-size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works DepartmenttEngineering Division in computer aided design and drafting (CADD) format. The Exhibit A Tentative Parcel Map 2004-256- Conditions of Approval Resolution No. 3938 Page 3 (1 ) 2.6 FEES (1 ) 3.1 standard file format is AutoCAD Release 14 or 2000 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (Le., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2000. Drawings created in AutoCAD Release 2000 or Release 14 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of forty- three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the 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.