HomeMy WebLinkAboutCC RES 06-22
I.
RESOLUTION NO. 06-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING TENTATIVE PARCEL MAP 2005-224
TO MERGE TWO (2) PARCELS TO CREATE A 2.98-ACRE
PARCEL FOR CONDOMINIUM PURPOSES TO
ACCOMMODATE A 73,250 SQUARE FOOT OFFICE,
RESEARCH AND DEVELOPMENT, AND WAREHOUSE
DEVELOPMENT AT 1372 AND 1382 VALENCIA AVENUE,
ALSO KNOWN AS LOTS 8 AND 9 OF TRACT 7721
The City Council of the City of Tustin does hereby resolve as follows:
The City Council finds and determines as follows:
A.
That a proper application for Tentative Parcel Map No, 2005-224 was
submitted by Keith Yang on behalf of M2 Properties, Inc, requesting
approval to combine two (2) existing parcels to create a 2.98-acre parcel for
condominium purposes to accommodate a 73,250 square foot office,
research and development, and warehouse development at 1372 and 1382
Valencia Avenue, also known as Lots 8 and g of Tract 7721;
B.
That a public hearing was duly called, noticed, and held for said map on
January 23, 2006, by the Planning Commission, and the Planning
Commission adopted Resolution No, 4013 recommending that the City
Council approve Tentative Parcel Map 2005-224;
C.
That a public hearing was duly called, noticed, and held for said map on
February 6, 2006, 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 Planned Community Industrial (PC-IND) Zoning District in that these
designations provide for the development of office, research and
development, and warehouse uses;
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;
Resolution No. 06-22
Page 1 of 7
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
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 2005-224 to combine two
(2) parcels to create a 2.98-acre parcel for condominium purposes to accommodate a
73,250 square foot office, research and development, and warehouse development at
1372 and 1382 Valencia Avenue, also known as Lots 8 and 9 of Tract 7721, subject to
the conditions contained in Design Review 05-021 and Exhibit A attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on
the 6th day of February, 2006.
ATTEST:
r@~~
PAMELA STOKER,
City Clerk
Resolution No. 06-22
Page 2 of 7
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. 06-22 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 6111 day of
February, 2006 by the following vote:
COUNCILMEMBERAYES: D^"ERT,¡¡^,EN, UI^~JTE, ¡¡QÞ1¡¡, v^,.T^~"IM'
COUNCILMEMBER NOES: NONE
COUNCILMEMBER ABSTAINED: NONE
COUNCILMEMBER ABSENT: N9NE
«;)
(0)
(0)
(Q)
1ó! JYYt ~ ~
AMELA STO ER,
City Clerk
Resolution No. 06-22
Page30f7
GENERAL
(1)
1.1
(1)
1.2
(1)
1.3
EXHIBIT A
RESOLUTION NO. 06.22
I TENTATIVE PARCEL MAP 2005-224
CONDITIONS OF APPROVAL
The proposed Project shall substantially conform with the submitted plans
approved for the project under Design Review 05-021, dated January 16,
2006, and the Tentative Parcel Map 2005.224, dated January 23, 2006, 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 2005-224 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 2005-224, 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
Resolution No. 06-22
Page 4 of 7
(5)
(6)
(7)
RESPONSIBLE AGENCY REQUIREMENT
LANDSCAPING GUIDELINES
Pc/CC POLICY
Exhlb~ A
Resolution No. 06-22
TPM 2005-224
Page 2
(1)
1.4
(1)
1.5
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 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.
Owner's execution of a subdivision/monumentation agreement and
fumishing 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
Resolution No. 06-22
Page 5 of 7
Exhibit A
Resolution No. 06-22
TPM 2005-224
Page 3
bonds will not be released until the "as builf' CADD files have been
submitted.
COVENANTS. CONDITIONS. AND RESTRICTIONS (CC&Rs)
Prior to issuance of building permits or recordation of the final map,
whichever occurs first, all organizational documents for the project
including any covenants, conditions, and restrictions (CC&Rs) , shall be
submitted to and approved by the Community Development Department
and the City Attorney's Office and recorded with County Recorder's Office.
Costs for such review shall be borne by the subdivider. A copy of the final
documents shall be submitted to the Community Development
Department within five (5) days of recordation. At a minimum, the
following items shall be included:
(1 )
3.1
A.
B.
C.
Resolution No. 06-22
Page6of7
The City shall be included as a party to the CC&Rs for enforcement
purposes of those CC&R provisions in which the City has interest
as reflected in the following provisions. However, the City shall not
be obligated to enforce the CC&Rs.
The requirement that association bylaws be established.
Provisions for effective establishment, operation, management,
use, repair, and maintenance of all common areas and facilities
including buildings and amenities, landscaped areas, walls and
fences, private roadways (Le., walks, sidewalks), etc. Maintenance
standards shall also be provided. Examples of maintenance
standards are shown below.
1.
All common area landscaping and private areas visible from
any public way shall be properly maintained such that they
are evenly cut, evenly edged, free of bare or brown spots,
debris, and weeds. All trees and shrubs shall be trimmed so
they do not impede vehicular or pedestrian traffic. Trees
shall be pruned so they do not Intrude into neighboring
properties and shall be maintained so they do not have
droppings or create other nuisances to neighboring
properties. All trees shall also be root pruned to eliminate
exposed surface roots and damage to sidewalks, driveways,
and structures.
2.
All private roadways, sidewalks, and open space areas shall
be maintained so that they are safe for users. Significant
pavement cracks; pavement distress, excessive slab
settlement, abrupt vertical variations, and debris on travel
ways should be removed or repaired promptly.
Exhibit A
Resolution No. 06-22
TPM 2005-224
Page 4
3.
Common areas shall be maintained in such a manner as to
avoid the reasonable determination of a duly authorized
official of the City that a public nuisance has been created
by the absence of adequate maintenance such as to be
detrimental to public health, safety, or general welfare.
D.
Membership in the association shall be inseparable from ownership
in individual units.
E.
Architectural controls shall be provided and may include, but not be
limited to, provisions regulating exterior finishes, roof materials,
fences and walls, accessory structures such as mechanical
equipment, television and radio antenna, and signs, consistent with
the Tustin City Code and the Planned Community Industrial zoning
district.
F.
Parking controls shall be provided and may include, but not be
limited to, provisions regulating vehicle and truck deliveries, vehicle
and truck parking, loading and unloading activities, etc.
ORANGE COUNTY FIRE AUTHORITY
(5) 4.1
FEES
(1) 5.1
(1 )
5.2
Prior to recordation of Final Parcel Map 2005-224, the applicant shall obtain
all necessary approvals from the Orange County Fire Authority.
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.
The applicant shall reimburse the City of Tustin for the actual cost incurred
to the City by the City Attomey and/or Special Counsel service for review of
the CC&Rs per City Council Resolution 05-99.
Resolution No. 06-22
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