HomeMy WebLinkAbout02 PARCEL MAP 2005-175 09-19-05SEPTEMBER 19, 2005
FROM:
WilLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
TO:
SUBJECT:
TENTATIVE PARCEL MAP 2005-175
SUMMARY
Tentative Parcel Map 2005-175 is a request to combine two (2) existing parcels into one
(1) parcel for the purpose of developing a new 20,000 square foot medical office building
at 12741 and 12791 Newport Avenue. On May 31,2005, the Community Development
Director approved Design Review 05-007 authorizing the demolition of an existing office
building and a single family home and the construction of a new medical office building
subject to approval of a parcel map (TPM 2005-175). On September 12, 2005, the
Planning Commission recommended that the City Council approve Tentative Parcel Map
2005-175. (Owner: Newport Medical Partners, llC.)
RECOMMENDATION:
That the City Council adopt Resolution No. 05-100 approving Tentative Parcel Map 2005-
175 to combine two (2) existing parcels into one (1) parcel to accommodate a new two-
story medical building.
FISCAL IMPACT:
Tentative Parcel Map 2005-175 is an applicant-initiated project. The applicant has paid
applicable fees for the processing of this project.
ENVIRONMENTAL:
This project 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).
Tentative Parcel Map 2005-175
September 19, 2005
Page 2
BACKGROUND:
The site is located west of Newport Avenue, zoned as Planned Community District, and
regulated by the Newport Warren Planned Community district regulations (Attachment A-
Location Map). On May 31, 2005, the Community Development Director approved Design
Review 05-007 authorizing the demolition of an existing office building and a single family
home and the construction a new 20,000 square foot medical office building at 12741 and
12791 Newport Avenue subject to approval of a parcel map (TPM 2005-175) to combine
the two (2) existing parcels into one (1) parcel (Attachment B - Design Review Site Plan
and Elevations). On September 12, 2005, the Planning Commission recommended that
the City Council approve Tentative Parcel Map 2005-175.
While Section 4.4 of the Newport Warren Planned Community district regulations and
Tustin City Code Section 9272 authorize the Community Development Director to approve
Design Review 05-007, Section 9321 of the Tustin City Code requires public hearings
before the Planning Commission and City Council for Tentative Parcel Map 2005-175.
DISCUSSION
Tentative Parcel Map
The 1.47 acre project site is comprised of two (2) parcels (Parcel A and B). Parcel A is
located on the south side of the project site and is currently improved with an existing
office building. Existing on Parcel A is also an easement for ingress, egress, and
maintenance of the City's water well located at the northeast corner of Parcel A. This
easement will be relocated to the north of the City's water well to accommodate the
construction of the new office building approved under Design Review 05-007. The City's
Engineering/Public Works Division has reviewed and approved the new location of the
ingress, egress, and maintenance easement. Parcel B is located on the north side of the
project site and is currently improved with an existing single family home which will be
demolished to accommodate a new parking area for the medical office building.
Tentative Parcel Map 2005-175 would combine the two (2) parcels into one (1) parcel.
The new parcel complies with all the development standards under the Newport Warren
Planned Community District including building site area and lot width and State
subdivision requirements.
Environmental Review
Pursuant to Section 15315, Class 15 of the California Environmental Quality Act (CEQA),
Tentative Parcel Map 2005-175 is exempt from the provisions of CEQA since it involves
minor subdivision involving four (4) or fewer parcels that are in conformance with the
General Plan and Zoning, no variances or exceptions are required, and all services and
access to the proposed parcel(s) are available.
Tentative Parcel Map 2005-175
September 19, 2005
Page 3
Findings to support approval of Tentative Parcel Map 2005-175 are included in Resolution
No. 05-100 for the City Council's consideration.
~
Senior Planner
&~¿~~
Elizabeth A. Binsack
Community Development Director
Attachments:
A-
B-
C-
D-
E.
Location Map
Design Review 05-007 Site Plan/Elevations
Tentative Parcel Map 2005-175
Planning Commission Resolution No. 3996
City Council Resolution No. 05-100
"CddlCCREPOR"Te" '000.'" (ACS(.doo
ATTACHMENT A
Location Map
LOCATION MAP
Tentative Parcel Map 2005-175
12741-12791 Newport Avenue
Tustin, CA
'COO CReS'
ATTACHMENT B
Design Review 05-007 Site Plan/Elevations
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ATTACHMENT C
Tentative Parcel Map 2005-175
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ATTACHMENT D
Planning Commission Resolution No, 3996
RESOLUTION NO. 3996
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN RECOMMENDING THAT THE CITY
COUNCIL APPROVE TENTATIVE PARCEL MAP 2005-175
TO MERGE TWO PARCELS TO CREATE ONE PARCEL
1.47 ACRES IN AREA LOCATED AT 12741 AND 12791
NEWPORT AVENUE (ASSESSOR PARCEL NUMBERS
401-211-53, 401-211-57, AND 401-211-71).
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. 2005-175 was
submitted by ACS Development Group on behalf of Newport Medical
Partners, LLC, requesting approval to merge two (2) existing parcels to
create a 1.47 acre parcel located at 12741 12791 Newport Avenue
(Assessor Parcel Numbers 401-211-53, 401-211-57, and 401-211-71);
B,
That a public hearing was duly called, noticed, and held for said map on
September 12, 2005, by the Planning Commission;
C,
That the proposed subdivision is in conformance with the Tustin General
Plan land use designation of Planned Community Commercial/Business
and Newport Warren Planned Community Zoning District in that these
designations provide for the development of offices;
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, 3996
Tentative Parcel Map 2005-175
September 12, 2005
Page 2
II.
The Planning Commission hereby recommends that the City Council approve
Tentative Parcel Map 2005-175 to merge two parcels to create one parcel 1.47
acres in area located at 12741 and 12791 Newport Avenue for development of
a 20,000 square foot medical office building, subject to the conditions contained
in Design Review 05-007 and Exhibit A attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission,
held on the 12th day of September, 2005,
~#<4~
LI BET A, BINSACK
Planning Commission Secretary
'---
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!
)
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, 3996 was duly passed and adopted at a regular meeting of the
Tustin Planning Commission, held on the 1ih day of September, 2005.
a~/~/¿
ELIZABETH A. BINSACK
Planning Commission Secretary
GENERAL
(1 )
1.1
(1 )
1.2
(1 )
1.3
EXHIBIT A
RESOLUTION NO. 3996
TENTATIVE PARCEL MAP 2005.175
CONDITIONS OF APPROVAL
The proposed Project shall substantially conform with the submitted plans
approved for the project under Design Review 05-007 date stamped May
31, 2005, 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 2005-175 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 2005-175, 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,
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODEtS
(4) DES'GN REVIEW
EXCEPTION
(5)
(6)
(7)
RESPONSIBLE AGENCY REQUIREMENT
LANDSCAPING GUIDELINES
PCtCC POLICY
Exhibit A
Resolution No, 3996
TPM 2005-175
Page 2
(1 )
1,4
(1 )
1.5
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,
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.
PUBLIC WORKS DEPARTMENT
(1 )
2.1
(1) 2.2
(1) 2.3
(1) 2.4
(1 )
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 improvement/monumentation 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 Department/Engineering
Division in computer aided design and drafting (CADD) format. The
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
(i.e" 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,
2,5
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
Exhibit A
Resolution No, 3996
TPM 2005-175
Page 3
bonds will not be released until the "as built" CADD, files have been
submitted,
FEES
(1 )
3,1
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,
ATTACHMENT E
City Council Resolution No. 05-100
RESOLUT'ON NO. 05-100
A RESOLUTION OF THE CITY COUNCIL OF THE C'TY OF
TUSTIN APPROVING TENTATIVE PARCEL MAP 2005-175
TO COMBINE TWO (2) PARCELS TO CREATE ONE (1)
PARCEL 1.47 ACRES IN AREA LOCATED AT 12741 AND
12791 NEWPORT AVENUE (ASSESSOR PARCEL
NUMBERS 401-211-53, 401-211-57, AND 401-211-71).
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 Parcel Map No, 2005-175 was
submitted by ACS Development Group on behalf of Newport Medical
Partners, LLC, requesting approval to combine two (2) existing parcels to
create one (1) 1.47 acre parcel located at 12741 12791 Newport Avenue
(Assessor Parcel Numbers 401-211-53,401-211-57, and 401-211-71);
B,
That a public hearing was duly called, noticed, and held for said map on
September 12, 2005, by the Planning Commission, and the Planning
Commission adopted Resolution No, 3996 recommending that the City
Council approve Tentative Parcel Map 2005-175;
C,
That a public hearing was duly called, noticed, and held for said map on
September 19, 2005, by the City Council;
D,
That the proposed subdivision is in conformance with the Tustin General
Plan land use designation of Planned Community Commercial/Business
and Newport Warren Planned Community Zoning District in that these
designations provide for the development of offices;
E,
As conditioned, the map would be in conformance with the State
Subdivision Map Act and Tustin City Code Section 9323 (Subdivision
Code);
F,
That the site is physically suitable for the type of development proposed;
G,
That the site is physically suitable for the proposed density of the
development;
H,
That the design of the subdivision or the types of improvements
proposed are not likely to cause serious public health problems,
I.
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,
Resolution No, 05-100
Tentative Parcel Map 2005-175
Page 2
J,
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),
II.
The City Council hereby approve Tentative Parcel Map 2005-175 to combine
two (2) parcels to create one (1) parcel 1.47 acres in area located at 12741 and
12791 Newport Avenue for development of a 20,000 square foot medical office
building, subject to the conditions contained in Design Review 05-007 and
Exhibit A attached hereto,
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the
19th day of September, 2005,
LOU BONE
MAYOR
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-
100 was duly passed and adopted at a regular meeting of the Tustin City Council, held
on the 19th day of September, 2005, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
CITY CLERK
GENERAL
(1 )
1.1
(1 )
1.2
(1 )
1.3
EXHIBIT A
RESOLUTION NO. 05-100
TENTATIVE PARCEL MAP 2005-175
CONDITIONS OF APPROVAL
The proposed Project shall substantially conform with the submitted plans
approved for the project under Design Review 05-007 date stamped May
31, 2005, 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 2005-175 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 2005-175, 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,
SOURCE CODES
(1) STANDARD CONDITION
(2) CECA MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
EXCEPTION
(5)
(6)
(7)
RESPONSIBLE AGENCY REQUIREMENT
LANDSCAPING GUIDELINES
PC/CC POLICY
Exhibit A
Resolution No, 05-100
TPM 2005-175
Page 2
(1 )
1,4
(1)
1,5
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,
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,
PUBLIC WORKS DEPARTMENT
(1 )
2.1
(1) 2.2
(1) 2.3
(1) 2.4
(1)
2.5
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 improvement/monumentation 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 Department/Engineering
Division in computer aided design and drafting (CAD D) format. The
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
(i.e., 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
Exhibit A
Resolution No, 05-100
TPM 2005-175
Page 3
bonds will not be released until the "as built" CADD files have been
submitted,
FEES
(1 )
3,1
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.