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HomeMy WebLinkAboutCC RES 05-28 RESOLUTION NO. 05-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING FINAL TRACT MAP 16695 TO SUBDIVIDE APPROXIMATELY 111.77 GROSS ACRES INTO TWENTY-NINE (29) NUMBERED LOTS AND FIFTEEN (15) LETTERED LOTS FOR THE PURPOSE OF DEVELOPING 1,006,100 SQUARE FEET OF COMMERCIAL USES WITHIN PLANNING AREAS 16, 17, AND 19 OF THE MCAS-TUSTIN SPECIFIC PLAN The City Council of the City ofTustin does hereby resolve as follows: I. A. The City Council finds and determines as follows: That a proper application for Final Tract Map No. 16695 was submitted by the Vestar Development Company/Kimco Tustin L.P. (Developer) requesting subdivision of an approximately 111.77-acre area owned by the City of Tustin and United States Department of the Navy into twenty- nine (29) numbered lots and fifteen (15) lettered lots for development of 1,006,100 square feet of retail uses within Planning Areas 16, 17, and 19 of the MCAS-Tustin Specific Plan, which are bounded by future Warner Avenue to the north, future Tustin Ranch Road to the west, the Army Reserve site to the southwest, Barranca Parkway to the south, and Jamboree Road to the east; B. The Planning Commission recommended that the City Council approve Vesting Tentative Tract Map 16695 on July 26,2004, and the City Council approved Vesting Tentative Tract Map 16527 on August 2, 2004; C. The City Engineer has determined that the Final Tract Map is in substantial conformance with the requirements of the Vesting Tentative Tract Map, the Tustin Area General Plan, MCAS Tustin Specific Plan, State Subdivision Map Act and the City's Subdivision Code. Upon the City Council approving the Final Map and prior to the City Engineer signing the Map for recordation, the Developer will execute an agreement and post security (letter of credit, surety bond, or cash deposit) guaranteeing the Developer's performance to design and construct all related public infrastructure. After the developer delivers an executed agreement and the required security and the City Engineer signs the Final Map, the Final Map would be recorded and the property conveyed to the Developer in accordance with Disposition and Development Agreement (DDA) 04-02. 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 with the Air Quality Sub-element; Resolution No. 05-28 Page 1 of4 D. That the site is located in Planning Areas 16, 17, and 19 of the MCAS Tustin Specific Plan, which is designated for commercial development and, as conditioned, the site will be physically suitable for the type of development that is proposed. Although the project may be phased in accordance with the schedule of performance within DDA 04-02, sufficient horizontal improvements will be constructed to support the vertical improvements in an orderly manner; E. That the applicant is responsible for the design and construction of certain MCAS Tustin Backbone Infrastructure improvements designated by the City as reasonably necessary to support development of the project through implementation of the conditions of approval and DDA 04-02, which was approved by the City Council on July 19, 2004; F. That upon approval of the Final Map and prior to the City Engineer signing the Map for recordation, the applicant will provide City-approved security for the Project's fair share of the Tustin Legacy Backbone Infrastructure Program pursuant to the DDA 04-02, which was approved by the City Council on July 19, 2004; G. That the proposed subdivision would not have an impact on school district facilities within the Tustin Unified School District in that the payment of appropriate school fees as adopted by the Tustin Unified School District will be required prior to issuance of building permits in accordance with the City's procedures; H. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat in a manner that has not previously been identified by the Final Environmental Impact Statement/Environmental Impact Report for the MCAS Tustin Reuse Plan and Specific Plan (FEIS/EIR); I. Consistent with the provisions of DDA 04-02, the Developer will execute and deliver to the City an executed Infrastructure Construction and Payment Agreement and security in an amount the City Engineer has determined covers the full and complete costs for the design and construction of the Developer's backbone and non-backbone infrastructure work. Delivery of said agreement, and provision of the required security to the City Engineer or designee of the City Engineer, Resolution No. 05-28 Page 2 of 4 shall be a condition precedent to the City Engineer's execution of the Final Map and its recordation; J. That a FEIS/EIR was prepared and certified, which considered the development of commercial uses within Planning Areas 16, 17, and 19. In connection with City Council consideration of the Tentative Map, a checklist was prepared that finds all potential impacts of the project were addressed by the certified FEIS/EIR, no additional impacts have been identified, and all applicable mitigation measures in the FEIS/EIR are included in the Mitigation Monitoring Program for the project or as conditions of approval. The City Council has adopted Resolution No. 04- 73 finding that the FEIS/EIR for the MCAS Tustin Reuse Plan and Specific Plan adequately addressed all potential impacts related to the subdivision. II. The City Council hereby approves Final Tract Map 16695 to subdivide an approximately 111.77-acre area owned by the City of Tustin and United States Department of the Navy into twenty-nine (29) numbered lots and fifteen (15) lettered lots for development of 1,006,100 square feet of retail uses within Planning Areas 16, 17, and 19 of the MCAS-Tustin Specific Plan, which are bounded by future Warner Avenue to the north, future Tustin Ranch Road to the west, the Army Reserve site to the southwest, Barranca Parkway to the south, and Jamboree Road to the east, subject to final approval by the City Engineer prior to recordation. III. The City Engineer shall execute the Final Tract Map and authorize recordation of the Final Tract Map upon Developer delivery of a fully executed Infrastructure Construction and Payment Agreement, including all security required therein, to the City Engineer as provided in Section I above. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 21st day of March, 2005. -f2 J;~ LOU BONE Mayor Resolution No. 05-28 Page 3 of 4 ATTEST: ~~ City Clerk STATE OF CALIFORNIA) COUNTY OF ORANGE) SS CITY OF TUSTIN ) 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. 05-28 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 21st day of March, 2005, by the following vote: COUNCILMEMBERAYES: BONE, DAVERT, AMANTE, HAGEN, KAWASHIMA COUNCILMEMBER NOES: NONE COUNCILMEMBER ABSTAINED: NONE COUNCILMEMBER ABSENT: NONE ~f City Clerk (5) (0) (0) (0) Resolution No. 05-28 Page 4 of 4