HomeMy WebLinkAbout07 FINAL TM 16790 03-20-06
AGENDA REPORT
MEETING DATE: MARCH 20, 2006
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: FINAL TRACT MAP 16790
SUMMARY
Final Tract Map 16790 is a request to subdivide an existing 4.99 acre site located at 1361
EI Camino Real into one (1) lot for the purpose of developing ninety-three (93) residential
condominium units. On March 7, 2005, the City Council approved Vesting Tentative Tract
Map 16790 by adopting Resolution No. 05-45. All conditions associated with the vesting
tentative map approval have been fulfilled and the final map may be approved and
recorded. (Owner: IRP Nevis Tustin, llC.)
RECOMMENDATION:
That the City Council adopt Resolution No. 06-35 approving Final Tract Map 16790 to
subdivide an existing 4.99 acre site located at 1361 EI Camino Real into one (1) lot for the
purpose of developing ninety-three (93) residential condominium units.
FISCAL IMPACT:
Final Tract Map 16790 is an applicant-initiated project. The applicant has paid applicable
fees for the processing of this project.
ENVIRONMENTAL:
Final Tract Map 16790 is within the scope of the Mitigated Negative Declaration (MND)
prepared for the Vesting Tentative Tract Map 16790. In accordance with the provisions
of the California Environmental Quality Act (CEQA), the City Council considered the
MND and found that it is complete and adequate prior to approving the project by
adopting Resolution No. 05-44 on March 7, 2005.
Final Tract Map 16790
March 20, 2006
Page 2
BACKGROUND:
The project site is a 4.99 acre parcel and was improved with sixty-five (65) apartments.
The site is surrounded by commercial developments to the east, EI Camino Real and
the Interstate 5 Freeway to the south, and a Tustin High School parking lot and school
field to the west and to the north (Attachment A - Location Map). The site is zoned
Multiple Family Residential (R-3) District and designated by the General Plan as High
Density Residential which provides for the development of residential condominiums.
On February 14, 2005, the Planning Commission held a public hearing and adopted
Resolution No. 3963 recommending approval of Vesting Tentative Tract Map 16790 to
the City Council and adopted Resolution No. 3964 approving Design Review 04-025 for
the site and building design of the proposed ninety-three (93) residential condominium
complex. On March 7, 2005, the City Council approved Vesting Tentative Tract Map
16790 by adopting Resolution No. 05-45.
DISCUSSION:
Final Tract Map 16790 is a request to subdivide an existing 4.99 acre site located at
1361 EI Camino Real into one (1) lot for the purpose of developing ninety-three (93)
residential condominium units. To implement the Conservation/Open Space/Recreation
Element of the City's General Plan (provision of adequate park land and recreation area
for Tustin residents), Section 9331 of the Tustin City Code authorizes the requirement
for dedication of park land or payment of an in-lieu fee. Accordingly, the applicant has
agreed to pay fees in lieu of park land dedication, the value of which is based upon the
requirements of Section 9331.d.3 of the Tustin City Code. In addition, Conditions,
Covenants, and Restrictions (CC&Rs) and homebuyer notifications have been required
to ensure operational standards that are consistent with the intent of the community.
City staff and City Engineer review have determined that Final Tract Map 16790 is in
substantial conformance with the City Council's approval of Vesting Tentative Tract Map
16790, the City's Zoning Code and Subdivision Code, and the State Subdivision Map
Act. Staff recommends that the City Council approve Final Tract Map 16790, subject to
final approval of the City Engineer prior to recordation.
Tim D. Serlet
Director of Public Works/City Engineer
Elizabeth A. Binsack
Community Development Director
Justina Willkom
Senior Planner
Final Tract Map 16790
March 20, 2006
Page 3
Attachments:
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A- Location Map
B- Submitted Map
C- City Council Resolution No. 06-35
ATTACHMENT A
Location Map
LOCATION MAP
FINAL TRACT MAP 16790
IRP NEVIS TUSTIN, LLC.
1361 EL CAMINO REAL
TUSTIN, CA
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ATTACHMENT B
Submitted Map
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COUNTY OF ORANGE, STATE OF CALIFORNIA
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TRACT NO.
16790
IN THE CITY OF TUSTIN
COUNTY OF ORANGE, STATE OF CALIFORNIA
BEING A SUBDIVISION OF A PORTION OF LOT 31, IN THE CITY OF
TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP DESCRIBED AS "PLAT NO.1 OF THE RANCHOS SANTIAGO DE
SANTA ANA AND SAN JOAQUIN", RECORDED IN BOOK S, PAGE 7 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA
ROSELL SURVEYING & MAPPING
DAVID T. ROSELL PLS 6281
FOR CONDOMINIUM PURPOSES
COUNTY mEASURER-TAX COLLECTOR'S CERTIFICATE
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ATTACHMENT C
City Council Resolution No. 06-35
RESOLUTION NO. 06-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING FINAL TRACT MAP 16790 TO
SUBDIVIDE AN EXISTING 4.99 ACRE PARCEL INTO ONE
(1) NUMBERED LOT TO ACCOMMODATE DEVELOPMENT
PLANS APPROVED BY DESIGN REVIEW 04-025, WHICH
AUTHORIZED THE CONSTRUCTION OF NINETY-THREE
(93) RESIDENTIAL CONDOMINIUM UNITS AT 1361 EL
CAMINO REAL.
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 16790 was submitted by IRP
Nevis Tustin, LCC" requesting approval to subdivide an existing 4,99 acre
parcel known as the southerly half of Lot 31, in the City of Tustin, as
shown on the map described as "Plat No, 1 of the Ranchos Santiago de
Santa Ana and San Joaquin," recorded in Book 5, Page 7 of
Miscellaneous Records of Los Angeles County, California, addressed at
1361 EI Camino Real into one (1) numbered lot to accommodate
development plans approved by Design Review 04-025, which authorized
the construction of ninety-three (93) residential condominium units;
B,
That on February 14, 2005, the Planning Commission adopted Resolution
No, 3963 recommending that the City Council approve Vesting Tentative
Tract Map 16790; and the City Council approved Vesting Tentative Tract
Map 16790 on March 7, 2005, by adopting Resolution No. 05-45;
C,
That easements for sidewalk, water improvement, and non-exclusive
easement for emergency access and public services vehicle ingress and
egress as dedicated are hereby accepted;
D,
That the proposed subdivision is in conformance with the Tustin General
Plan and the Multiple Family Residential (R-3) Zoning District, which
provides for the development of condominiums;
E,
That the City Engineer has found the map to 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 in
that the project is accessible through the City's current street system and
could be supported with existing transportation and public facilities;
Resolution No. 06-35
Final Tract Map 16790
Page 2
G.
II.
That the site is physically suitable for the proposed density of the
development in that the site will be developed with 18,64 units per acre
within a property that is zoned for a maximum of 25 units/acre;
H,
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 development standards of the City, Orange
County Fire Authority, and Orange County Health Care Agency;
I.
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;
J,
That Section 9331 of the Tustin City Code authorizes the requirement for
dedication of park land or payment of an in-lieu fee, Accordingly, the
applicant has agreed to pay fees in lieu of park land dedication, the value
of which is based upon the requirements of Section 9331.d,3 of the Tustin
City;
K,
That the project involves a condominium project where there are
undivided interests in common areas such as parking areas, landscape
areas, drive aisle, and driveways 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, the applicant is required to record a
declaration of covenants, conditions, and restrictions for the project.
L,
That the scope of this activity is within the scope of the Mitigated Negative
Declaration (MND) prepared for the Vesting Tentative Tract Map 16790. In
accordance with the provisions of the California Environmental Quality Act
(CEQA), the City Council considered the MND and found that it is
complete and adequate prior to approving the project by adopting
Resolution No, 05-44 on March 7, 2005,
The City Council hereby approves Final Tract Map 16790 to subdivide an existing
4,99 acre parcel located at 1361 EI Camino Real known as the southerly half of
Lot 31, in the City of Tustin, as shown on the map described as "Plat No, 1 of the
Ranchos Santiago de Santa Ana and San Joaquin," recorded in Book 5, Page 7
of Miscellaneous Records of Los Angeles County, California, into one (1)
numbered lot to accommodate development plans approved by Design Review
04-025, which authorized the construction of ninety-three (93) residential
Resolution No. 06-35
Final Tract Map 16790
Page 3
condominium units, subject to final review and approval by the City Engineer
prior to recordation,
PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the
20th day of March, 2006,
DOUG DAVERT
Mayor
Pamela Stoker
City Clerk
Resolution No. 06-35
Final Tract Map 16790
Page 4
STATE OF CALIFORNIA)
COUNTY OF ORANGE) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO, 06-35
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does 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, 06-35 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 20th day of March,
2006, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Pamela Stoker, City Clerk