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HomeMy WebLinkAboutPC RES 4405 DocuSign Envelope ID: F9882003-CFA8-4FAA-ABA2-EE92DD7E6D2E RESOLUTION NO. 4405 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING TENTATIVE PARCEL MAP 2019-163 AND SUBDIVISION 2019-0004 TO ALLOW A SUBDIVISION OF AN EXISTING COMMERCIAL PARCEL LOCATED AT 1034 IRVINE BOULEVARD AND 13052 NEWPORT AVENUE INTO TWO (2) LOTS AND TO FORMALLY DEDICATE PORTIONS OF IRVINE BOULEVARD, NEWPORT AVENUE AND OLD IRVINE BOULEVARD TO THE CITY OF TUSTIN. 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 (TPM) 2019-163 and Subdivision 2019-00004 was filed by Alonzo Gonzalez of Pac Pro Realty, requesting authorization to subdivide an existing commercial parcel located at 1034 Irvine Boulevard and 13052 Newport Avenue into two (2) separate lots for the purpose of selling them separately. The application also includes the dedication of portions of Irvine Boulevard, Newport Avenue and Old Irvine Boulevard to the City of Tustin. B. That the site is designated as Community Commercial (CC) by the City General Plan and is zoned as Retail Commercial (C-1). In addition, 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. C. That a public hearing was duly called, noticed, and held for TPM 2019-163 and SUB 2019-00004 on July 13, 2020, by the Planning Commission; D. That as conditioned, the map would be in conformance with the State Subdivision Map Act and Tustin City Code Section 9323c5(Subdivision Code) in that; 1. The proposed map is consistent with the Tustin General Plan, the Zoning Code, the Subdivision Code, the Subdivision Map Act and other applicable provisions of the Tustin City Code. 2. The design or improvement of the proposed subdivision is consistent with the Tustin General Plan, the Zoning Code and other applicable provisions of the TCC in that the purpose of the subdivision is to sell the lots separately. No construction, demolition or grading is proposed and all existing buildings and street improvements will remain unchanged. 3. The site is physically suitable for the type of development in that the resultant parcels along with the existing buildings comply with and are DocuSign Envelope ID: F9882003-CFA8-4FAA-ABA2-EE92DD7E6D2E Resolution No. 4405 Page 2 within the allowable intensity of the General Plan. The dedication of portions of the street right-of-way's along Irvine Boulevard, Newport Avenue and Old Irvine Boulevard to the City of Tustin will not change the existing vehicle travels lanes, sidewalks, drainage or the location of curb and gutter. Currently, the portion of Irvine Boulevard between the two properties is an easement for street purposes. The proposed subdivision and formal dedication of the streets referenced above would dedicate the streets to the City for street purposes and further the goals of the General Plan for an orderly development. 4. The design of the proposed subdivision and street dedications are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that the project site is comprised of two (2) existing commercial buildings and parking areas. Both buildings are located within an existing urbanized area and no physical improvements are proposed; therefore, no injury to fish and wildlife is anticipated. 5. The design of the subdivision and the proposed dedications are not likely to cause serious public health problems in that the project will not include any demolition, grading or new construction. All existing buildings, parking areas and street improvements will remain unchanged. Any future redevelopment of either or both parcels will be required to comply with the Zoning Code and applicable building and life safety codes. 6. That the design of the subdivision or the proposed dedications will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision as a public sidewalk. All existing buildings, parking areas and street improvements will remain unchanged. The dedication of portions of the street right-of-way's along Irvine Boulevard, Newport Avenue and Old Irvine Boulevard to the City of Tustin will not change existing vehicle travels lanes, sidewalks or the location of curb and gutter. The proposed project will clarify the ownership of portions of Irvine Boulevard, Newport Avenue and Old Irvine Boulevard that was not dedicated previously. 7. That the waste discharge from the proposed subdivision into a community sewer system will not result in or add to violations of existing requirements prescribed by the Regional Water Quality Control Board (RWQCB) in that the proposed project includes the subdivision of an existing commercial parcel into two (2) lots for the purposes of selling the parcels separately. No demolition, grading or construction is proposed in conjunction with the subdivision and all existing commercial buildings, parking areas and/or uses will remain unchanged. As a result, no additional waste will be discharged into the sewer system and no additional violations of the RWQCB are anticipated. DocuSign Envelope ID: F9882003-CFA8-4FAA-ABA2-EE92DD7E6D2E Resolution No. 4405 Page 3 8. That the requirements of the California Environmental Quality Act have been satisfied. E. That the City's Public Works Department has reviewed the map and determined that, as conditioned, it is technically correct. F. This project is Categorically Exempt pursuant to Sections 15315 (Class 15) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act) pertaining to minor land divisions. II. The Planning Commission hereby approves TPM 2019-163/SUB 2019-00004 authorizing the subdivision of an existing commercial parcel located at 1034 Irvine Boulevard and 13052 Newport Avenue into two (2) separate lots and the dedication of portions of Irvine Boulevard, Newport Avenue and Old Irvine Boulevard to the City of Tustin, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 13th day of July, 2020. awe Atxsbw AMY MASON Chairperson JUSTINA L. WILLKOM Planning Commission Secretary DocuSign Envelope ID: F9882003-CFA8-4FAA-ABA2-EE92DD7E6D2E Resolution No. 4405 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California and that Resolution No. 4405 was duly passed and adopted at a regular meeting of the Tustin Planning Commission held on the 13th day of July, 2020. PLANNING COMMISSIONER AYES: L. Chu, R. Gallagher,AJ Jha, S. Kozak,A. Mason (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary DocuSign Envelope ID: F9882003-CFA8-4FAA-ABA2-EE92DD7E6D2E EXHIBIT A RESOLUTION NO. 4405 TENTATIVE PARCEL MAP 2019-163/SUBDIVISION 2019-00004 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped July 13, 2020, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC) and the Subdivision Map Act. (1) 1.2 Within twenty-four(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 City Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9323 of the Tustin City Code. The Final Map shall be submitted at least 90 days prior to the expiration of the Tentative Map for review, processing, and recording prior to the expiration of the Tentative Map. Time extensions shall be in conformance with the provision of the Tustin City Code and State Subdivision Map Act. (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of TPM 2019-163/SUB 2019-00004 are contingent upon the applicant and property owner signing and 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) 1.5 The subdivider shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing and appeal process, as established by the City Council by Ordinance. DocuSign Envelope ID: F9882003-CFA8-4FAA-ABA2-EE92DD7E6D2E Exhibit A Resolution No. 4405 Page 2 (1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162 (a). (1) 1.7 As a condition of approval of TPM 2019-163/SUB 2019-00004, 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 the defense of any such action under this condition. (1) 1.8 All activities shall comply with the City's Noise Ordinance. (1) 1.9 Both properties shall be maintained in a safe, clean and sanitary condition at all times. The property owners shall be responsible for the daily maintenance and upkeep of the businesses and respective buildings, including but not limited to trash removal, graffiti removal, and maintenance of existing improvements to ensure that the properties are continuously maintained in a neat and attractive manner. (1) 1.10 Any graffiti painted or marks upon either premises or any adjacent area under control of either property owner and/or business shall be removed or painted within twenty-four (24) hours of being applied. (1) 1.11 Any future development on either or both parcels shall comply with the Tustin City Code. (1) 1.12 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. TENTATIVE PARCEL MAP 2019-163 (1) 2.1 The applicant shall prepare and record a final subdivision map. (***) 2.2 The applicant shall dedicate in fee title portions of Newport Avenue, Irvine Boulevard, and Old Irvine Boulevard to the City of Tustin, at no cost to the City, on the map. DocuSign Envelope ID: F9882003-CFA8-4FAA-ABA2-EE92DD7E6D2E Exhibit A Resolution No. 4405 Page 3 (***) 2.3 The applicant shall release and relinquish to the City of Tustin, all vehicular access rights along Newport Avenue, Irvine Boulevard and Old Irvine Boulevard except at approved access locations and street intersections, at no cost to the City, on the map. (***) 2.4 The applicant shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to, dedication in Fee Title of all required street rights-of-way; and dedication of vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer (at no cost to the City) and/or other agencies. (***) 2.5 Prior to recordation of the final map, the applicant is required to execute a monumentation agreement and furnish a monumentation bond, all on forms acceptable to the City. FEES (***) 3.1 Within forty-eight (48) hours of final approval of the project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that 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.