The URL can be used to link to this page

Home My WebLink AboutCC RES 05-100 RESOLUTION NO. 05-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 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 Resolution No. 05-100 Page 1 of6 substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; and, 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. ~¡J~ LOU BONE MAYOR PAMELA STOKER CITY CLERK Resolution No. 05-100 Page 2 of 6 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. 05-100 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: BONE, DAVERT, AMANTE, HAGEN, KAWASHIMA NONE NONE NONE (5) (0) (0) (0) ~~~R~~ CITY CLERK Resolution No. 05-100 Page30f6 EXHIBIT A RESOLUTION NO. 05-100 TENTATIVE PARCEL MAP 2005-175 CONDITIONS OF APPROVAL GENERAL (1) 1.1 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. (1) 1.2 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. (1) 1.3 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 CODEIS (4) DESIGN REVIEW EXCEPTION (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY Resolution No. 05-100 Page4of6 (1) 1.4 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. (1) 1.5 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 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. (1) 2.2 Subdivider's execution of a subdivision/monumentation agreement and furnishing the improvemenUmonumentation bonds as required by the City Engineer prior to recordation of the final map will be required. (1) 2.3 Preparation and recordation of a final subdivision map will be required. (1) 2.4 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 DepartmenUEngineering 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 (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. (1) 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 bonds will not be released until the "as built" CADD files have been submitted. Resolution No. 05-100 Page50f6 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. Resolution No. 05-100 Page6of6