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Home My WebLink AboutCC RES 06-31 RESOLUTION NO. 06-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING FINAL TRACT MAP 16481 TO SUBDIVIDE A 1.036 ACRE PARCEL LOCATED AT THE NORTHWEST CORNER OF MAIN STREET AND PROSPECT AVENUE INTO THIRTEEN (13) NUMBERED LOTS AND ONE (1) LETTERED LOT FOR THE PURPOSE OF DEVELOPING A COMMERCIAL BUILDING AND TWELVE (12) LlVE/WORK UNITS WITHIN A PLANNED UNIT DEVELOPMENT 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 Final Tract Map 16481 was submitted by Prospect Village LP, a California Limited Partnership (formerly known as the Pelican Center LLC), requesting approval to subdivide a 1.036 acre parcel located at the northwest corner of Main Street and Prospect Avenue into thirteen (13) numbered lots and one (1) lettered lot for the purpose of developing a commercial building and twelve (12) live/work units; B. That on April 26, 2004, the Planning Commission adopted Resolution No, 3912 recommending that the City Council approve Tentative Tract Map 16481; the City Council approved Tentative Tract Map 16481 on May 17, 2004, by adopting Resolution No. 04-47; C. The site is physically suitable for the type of development proposed in that the project is accessible through the City's current street system and could be supported with existing transportation and public facilities; D. The site is physically suitable for the proposed building intensity and density of the development in that the project is consistent with the "Prospect Village Planned Community District Regulations," which provide for a maximum building intensity of 1.0:1.28 within Planning Area A (commercial portion), Although the General Plan suggests a maximum floor area ratio of 1.0: 1, the Planned Community district regulations are intended to regulate building intensity. This floor area ratio is generally consistent with many of the two-story buildings in Old Town and is appropriate for the site and the type of development envisioned by the Old Town Commercial land use designation. The live/work portion of the project will have a residential density of 16 dwelling units per acre, which corresponds to the lower end of the high density residential land use designation range of 15 dwelling units to 25 dwelling units per net acre. Resolution No. 06-31 Page 1 of4 The Old Town Commercial land use designation provides for a range of residential densities by allowing a population density range of 2 to 54 persons per acre. Using an average of 2.24 persons per dwelling unit assumed for the high density residential range, the Planned Community District Regulations would provide for approximately 27 persons on approximately three-quarters of an acre (or 34 persons per acre) and is within the density range anticipated by the General Plan; E. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems in that the project has been conditioned to comply with applicable regulations of the City of Tustin and Orange County Fire Authority; F. That the Final Tract Map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat as analyzed in the Prospect Village Final Environmental Impact Report (FEIR); G. That the proposed subdivision is in conformance with Tentative Tract Map 16481, the Tustin Area General Plan, Tustin Zoning Code, State Subdivision Map Act, the City's Subdivision Code, and has been determined to be consistent with the Air Quality Sub-Element; H. Section 9331 of the Tustin City Code authorizes a dedication of parkland as part of the Subdivision Map. The applicant is required to dedicate a minimum of .0065 acre per dwelling unit for parkland or pay fees in lieu of parkland dedication. Prior to recordation of the Final Tract Map, the applicant agreed to pay parkland dedication in lieu fees to the City of Tustin; I. As conditioned in City Council Resolution No. 04-47, the developer has entered into an agreement for construction of improvements including: 1) enhanced paving and landscape improvements in the public alley, 2) half- width street improvements (paving, curbs, and gutters) on Prospect Avenue between Main Street and Third Street, 3) sidewalks on Prospect Avenue and Third Street with enriched paving and pedestrian bump-outs at Main Street and Third Street, and 4) landscaping, which is consistent with the recently installed streetscape improvements in the Old Town commercial district. The developer will also be required to construct a new sidewalk on Main Street that is consistent with the Americans with Disabilities Act, which is needed to support pedestrian access to and from the new commercial building. In addition, an approximately 4,900 square foot portion of the alley to the west, which is currently an easement and defined in Attachment 1 to the Disposition and Development Agreement, will be granted in fee title to the City; Resolution No. 06-31 Page 2 of 4 J. The project involves a condominium project where there are undivided interests in common areas such as parking areas, landscape areas, drive aisle, and separate interests in space for the units. Section 1350, et al of the California Civil Code authorizes the creation of an association to set forth the restrictions on the use or enjoyment of any portion of the common interest in a condominium development. Consequently, prior to recordation of the Final Tract Map, a declaration of covenants, conditions, and restrictions for the project shall be recorded; and, K. That the scope of this activity is within the scope of the Prospect Village Final Environmental Impact Report (FEIR). In accordance with the provisions of the California Environmental Quality Act (CEQA), the City Council considered the FEIR and found that it is complete and adequate and adopted Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring Program prior to approving the Project Village project by adopting Resolution No. 04-45. II. The City Council hereby approves Final Tract Map 16481 to subdivide a 1.035 acre parcel located at the northwest corner of Main Street and Prospect Avenue into thirteen (13) numbered lots and one (1) lettered lot for the purpose of developing a commercial building and twelve (12) live/work units within a planned unit development, subject to final review and approval by the City Engineer prior to recordation. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 6th day of March, 2006. ATTEST: Resolution No. 06-31 Page 3 of 4 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. 06-31 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 6th day of March, 2006 by the following vote: COUNCILMEMBER AYES: PA"i"T, "A(',m, 'MAN']'];' RnN];' ...tT'~"TM' COUNCILMEMBER NOES: NONF: COUNCILMEMBER ABSTAINED: NONE COUNCILMEMBER ABSENT: NONE ('i ) (0) (0) (0) PAMELA STOKER, City Clerk Resolution No. 06-31 Page 4 of 4