The URL can be used to link to this page

Home My WebLink AboutCC RES 05-76 RESOLUTION NO. 05-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE TRACT MAP 16792 TO SUBDIVIDE 86.26 ACRES INTO TWELVE (12) LOTS FOR CONVEYANCE PURPOSES ONLY (MCAS TUSTIN REUSE PLAN PARCEL 35 AND PARCEL 36) 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 Tentative Tract Map No. 16792 was submitted by Moffett Meadows Partners LLC requesting the subdivision of an 86.26-acre site into twelve (12) lots for conveyance purposes within a portion of Planning Area 21 of the MCAS Tustin Specific Plan on MCAS Tustin Reuse Plan Disposal Parcels 35 and Parcel 36, generally bounded by Harvard Avenue to the east, Moffett Avenue to the north, the Peters Canyon Flood Control Channel to the west, and Warner Avenue to the south. B. As conditioned, the proposed subdivision will be in conformance with the Tustin General Plan, MCAS Tustin Specific Plan, State Subdivision Map Act, and the City's Subdivision Code. C. That the site is located in Planning Area 21 of the MCAS Tustin Specific Plan, which is designated for Low Density Residential within the MCAS Tustin Specific Plan. The site was previously found to be physically suitable for the type and density of development at the time of approval for Tentative Tract Map 16582. D. That a Final Environmental Impact Statement/Environmental Impact Report for the Reuse and Disposal of MCAS Tustin (FEIS/EIR) was prepared and certified, which considered the development of low density development within Planning Area 21. An Environmental Analysis Checklist was prepared for the proposed development of the site, which was adopted by the Tustin City Council on February 22, 2005, that found that all potential impacts of the project were addressed by the certified FEIS/EIR and no additional impacts were identified; all applicable mitigation measures in the FEIS/EIR for development of the site were conditions of approval for Tentative Tract Map 16582. E. The proposed subdivision is for conveyance purposes only. No development is proposed with the project. An Environmental Analysis Checklist has been prepared that concludes that no substantial change is expected from the analysis previously completed in the FEIS/EIR for Resolution No. 05-76 Page 1 of 5 MCAS Tustin. The City Council has adopted Resolution No. 05-75 finding that the proposed Tentative Tract Map 16792 for conveyance purposes will have no environmental impacts and that the FEIS/EIR for the MCAS Tustin Reuse Plan and Specific Plan adequately addressed all potential impacts related to the project. F. That a public hearing was duly called, noticed, and held for said map on June 13, 2005, by the Planning Commission and June 20, 2005 by the City Council. II. The City Council approves Tentative Tract Map 16972 for the subdivision of a 86.26-acre (gross) site into twelve (12) lots for conveyance purposes, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 20th day of June, 2005. +þL( LOU BONE Mayor ATTEST: -.DDcQ~~ PAMELA STOKER City Clerk Resolution No. 05-76 Page 2 of 5 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. 05-76 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 20th day of June, 2005, by the following vote: COUNCILMEMBERAYES: BONE, DAVERT, AMANTE, HAGEN, KAWASHIMA COUNCILMEMBER NOES: NONE COUNCILMEMBER ABSTAINED: NONE COUNCILMEMBER ABSENT: NONE (5) (0) (0) (0) ~Y'l QCh~ PA ELA STOKER City Clerk Resolution No. 05-76 Page 3 of 5 --------.'--"-' ---_._--- .. -......---.------ .. EXHIBIT A - TENTATIVE TRACT MAP 16792 RESOLUTION NO. 05-76 CONDITIONS OF APPROVAL GENERAL (1) 1.1 Within 24 months from approval of Tentative Tract Map 16792, 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 9335.08 of the Tustin Municipal Code. (1) 1.2 Approval of Resolution No. 05-76 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. (1) 1.3 The final tract map shall be recorded in accordance with submitted maps dated May 19, 2005, and all applicable requirements of the MCAS Tustin Specific Plan, Tustin City Code, and applicable policies and guidelines. All conditions of approval herein, as applicable, shall be satisfied prior to recordation of a final map or as specified herein. (1) 1.4 The subdivider shall comply with all applicable requirements of the State Subdivision Map Act, and the City's Subdivision Ordinance, the MCAS Tustin Specific Plan, the Tustin City Code, applicable City of Tustin guidelines and standards and applicable mitigation measures identified in the certified FEIS/EIR, and other agreements with the City of Tustin unless otherwise modified by this Resolution. (1) 1.5 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 and "as built" grading, landscape, and improvement plans prior to Certificate of Acceptance SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION Resolution No. 05-76 Page 4 of 5 (1) 1.6 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 or from any potential flooding impacts from the adjacent Peters Canyon Flood Control Channel. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to 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. (*) 1.7 All conditions related to development of the site as approved by Planning Commission Resolution No. 3947 and City Council Resolution Nos. 05-35 and 05-37 remain applicable for development of any portions of the site shown by Tentative Tract Map 16792 for conveyance purposes. (*) 1.8 As noted in Condition 2.3 of Resolution No. 05-37, prior to recordation of the first final map including a conveyance map, or issuance of first building permit, whichever occurs first, the applicant (Moffett Meadows Partners, LLC) shall enter into a Housing Agreement with the City to insure implementation of the Affordable Housing requirements of the Specific Plan, the City's Density Bonus Ordinance, the City approved Affordable Housing Plan, Density Bonus Application, and the City's Affordable Housing Policy and compliance with California Health and Safety Code Section 33413(b)(2). A minimum of thirty (30) units shall be sold to moderate income households and no fewer than twelve (12) transitional units within the very low income category shall be conveyed to homeless providers for transitional housing for assistance to the homeless (Human Options and Orange County Interfaith Shelter). Eight (8) very low income units and seventeen (17) low income units are approved for transfer to Planning Area 5. As part of the Housing Agreement, affordable covenants and other agreements shall be required to be recorded against each unit and will be binding on properties upon sale of transfer of units for a minimum of 45 years. In addition, prior to City approval of the first final conveyance map, Moffett Meadows Partners, LLC (applicant) shall enter into a City-approved Assignment Agreement with each builder/purchaser, which Assignment Agreement shall be recorded immediately after the final map is recorded and effective upon transfer of title to each builder/purchaser. GRANTS IN FEE AND DEDICATIONS (1) 2.1 The proposed tentative tract map is for conveyance purposes only and requires no dedication; however, all easements and dedications applicable with approval of Tentative Tract Map 16582 would be applicable with development of the site. Resolution No. 05-76 Page 5 of 5