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HomeMy WebLinkAboutCC RES 05-04 RESOLUTION NO. 05-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING FINAL TRACT MAP 16506 TO SUBDIVIDE AN EXISTING 3.23 ACRE PARCEL LOCATED AT 14552 NEWPORT AVENUE INTO ONE (1) NUMBERED LOT FOR THE PURPOSE OF DEVELOPING SIXTY-THREE (63) CONDOMINIUM OWNERSHIP UNITS. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That a proper application for Final Tract Map 16506 was submitted by the Olson Company, requesting approval to subdivide an existing 3.23 acre parcel established by Parcel Map 84-1029, addressed at 14552 Newport Avenue into one (1) numbered lot for the purpose of developing sixty-three (63) condominium ownership units (Parcel 1 of Parcel Map 84-1029); B. The Planning Commission recommended that the City Council approve Tentative Tract Map 16506 on November 10, 2003, and the City Council approved Tentative Tract Map 16506 on December 1, 2003; C. The proposed subdivision is in conformance with the Tustin Area General Plan, Tustin Zoning Code, State Subdivision Map Act, the City's Subdivision Code, and has been determined to be consistent or has been conditioned to be consistent with the Air Quality Sub-Element; D. The site is physically suitable for the type of development proposed in that the project is accessible through the City's current street system and could be supported with existing transportation and public facilities; E. The site is physically suitable for the proposed density of the development in that the site will be developed with 19.5 units per acre within a property that is designated by the General Plan for a maximum of 25 units per acre; F. The design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems in that the project was conditioned to comply with development standards of the City and Orange County Fire Authority; G. The tract map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; Resolution No. 05-04 Page 1 of 3 K. II. H. The Circulation Element of the General Plan classifies Newport Avenue as a Modified Major arterial highway which calls for an ultimate six (6) lane highway. Newport Avenue is currently improved with four (4) vehicle lanes. Section 9331 of Tustin City Code authorizes a dedication of land to widen Newport Avenue to a Modified Major arterial highway. Upon recordation of Final Tract Map 16506, a ten (10) foot wide strip of land would be granted to the City in fee title and the applicant was required by the Tentative Tract Map to construct street improvements along the project frontage. I. Section 9331 of the Tustin City Code authorizes a dedication of parkland as part of the Subdivision Map. The applicant is required to dedicate a minimum of .0065 acre per dwelling unit for parkland or pay fees in lieu of parkland dedication. Prior to recordation of the Final Tract Map, the applicant agreed to pay parkland dedication in lieu fees to the City of Tustin. J. The project involves a condominium project where there are undivided interests in common areas such as parking areas, landscape areas, drive aisle, and driveways and separate interests in space for the units. Section 1350, et al of the California Civil Code authorizes the creation of an association to set forth the restrictions on the use or enjoyment of any portion of the common interest in a condominium development. Consequently, prior to recordation of the Final Tract Map, a declaration of covenants, conditions, and restrictions for the project shall be recorded. A Mitigated Negative Declaration has been prepared for this project in accordance with the provisions of the California Environmental Quality Act (CEQA) and approved by the City Council on December 1, 2003. The City Council hereby approves Final Tract Map 16506 to subdivide an existing 3.23 acre parcel established by Parcel Map 84-1029 located at 14552 Newport Avenue into one (1) numbered lot for the purpose of developing sixty-three (63) condominium ownership units (Parcel 1 of Parcel Map 84-1029), subject to the conditions contained in Resolution 03-132 approving Tentative Tract Map 16506 and the satisfaction of the City Engineer prior to recordation PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 3rd day of January, 2005. '-il- j /Þ-f LOU BONE ' Mayor Resolution No. 05-04 Page 2 of 3 (Th Jri ~ PAMELA STOKER City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN SS I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 05-04 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 3rd day of January, 2005, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ~ City Clerk BONE. DAVERT. AMANTE. HAGEN. KAWASHIMA NONE NONE NONE (5) (0) (0) (0) Resolution No. 05-04 Page 3 of 3