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HomeMy WebLinkAbout02 PC REPORT 15041-15121 NEWPORT AVENUE DocuSign Envelope ID:DB03C22F-34F1-4B02-99DA-3A2P.M3B85D2 I N. AGENDA REPORT ITEM #2 MEETING DATE: AUGUST 24, 2021 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: TENTATIVE PARCEL MAP 2021-115/SUBDIVISION 2021-0002 APPLICANT: JAKE LAPPERT DRC ENGINEERING 160 S. OLD SPRINGS ROAD, SUITE 210 ANAHEIM, CA 92808 PROPERTY OWNER: NIKKI KAZANAWA KUNKOU, LLC. 609 DEEP VALLEY DRIVE, SUITE 200 ROLLING HILLS ESTATE, CA 90274 LOCATION: 15041-15121 NEWPORT AVENUE GENERAL PLAN: PLANNED COMMUNITY COMMERCIAUBUSI NESS (PCCB) ZONING: PLANNED COMMUNITY— SPECIFIC PLAN 11 (PC, SP 11) REQUEST: TENTATIVE PARCEL MAP (TPM) 2021-115/SUBDIVISION (SUB) 2021-0002 FOR THE SUBDIVISION OF AN EXISTING 1.76-ACRE COMMERCIAL PARCEL INTO TWO (2) SEPARATE LOTS FOR CONVEYANCE PURPOSES ONLY. NO NEW CONSTRUCTION NOR DEMOLITION PROPOSED. ENVIRONMENTAL: 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. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4438 approving TPM 2021-115 and SUB 2021-0002, authorizing the subdivision of an existing 1.76-acre commercial parcel into two (2) separate lots for conveyance purposes only. DocuSign Envelope ID:DB03C22F-34F1-4B02-99DA-3A2AAA3B85D2 PC Report August 24,2021 TPM 2021-115/SUB 2021-0002 Page 2 APPROVAL AUTHORITY: Pursuant to the Tustin City Code (TCC) Section 9323(b)(1), a TPM is required for subdivisions creating four (4) or fewer parcels. TCC Section 9321(b) authorizes the Planning Commission to review and act on Tentative Maps. BACKGROUND: Site and Surrounding Area Ott 00 r A° f r m Ar l All prope mes shown are zoned PC COM,SP.t t Figure 1: Aerial Map DocuSign Envelope ID:DB03C22F-34F1-4B02-99DA-3A2AAA3B85D2 PC Report August 24,2021 TPM 2021-115/SUB 2021-0002 Page 3 The project site at 15041 to 15121 Newport Avenue consists of one (1) parcel with an existing multi-tenant commercial building with a drive-thru, an associated parking lot, and a vacant pad (Figure 1). The site is developed pursuant to Disposition and Development Agreement (DDA) 2011-01, an agreement which also includes the directly adjacent parcels to the north and south which are developed with the Fairfield Inn and Residence Inn, respectively. The subject property is located within the Planned Community — Specific Plan 11 Zoning District, otherwise known as the Pacific Center East Specific Plan, and has a Planned Community Commercial/Business General Plan land use designation. Properties surrounding the project site are also similarly zoned and include a variety of retail, commercial, and hotel uses. PROJECT DESCRIPTION: The project involves the subdivision of an existing commercial parcel into two (2) separate lots for the purpose of selling them separately (conveyance) only. No new construction nor demolition is proposed as part of this application. The project site contains an existing multi-tenant commercial building which presently contains take-out restaurants and retail services uses. DDA 2011-01 originally approved the northerly vacant pad (identified as "Proposed Parcel 1" in TPM 2021-115) to be developed with a 7,300 square-foot multitenant commercial building of its own (Figure 2). However, the retail developer was released from their obligation to construct vertical improvements on this pad after the recordation of a Final Certificate of Compliance on June 29, 2015. No changes to the physical improvements of the property, parking areas or existing street improvements would occur. All existing buildings and parking areas will remain unchanged. There are no other entitlements associated with this request. The following is a brief discussion on the required TPM application under consideration. Tentative Parcel Map TPM 2021-115 proposes to subdivide an existing 1.76-acre commercial parcel into two (2) lots for conveyance purposes only. The map includes a variety of reciprocal access, maintenance, and utility easements. No additional documents need to be recorded in conjunction with the proposed subdivision in order to preserve the previously recorded easements and covenants, as reviewed and determined by the City Attorney. At the time of writing this staff report, no prospective buyer or intended use has been identified by the applicant for the resultant parcel. DocuSign Envelope ID:DB03C22F-34F1-4B02-99DA-3A2AAA3B85D2 E $A – — FAC MW New property line k 0 L -EJl V --- - -- - - ! Q•-- Vacant Pad } � >7 AlO1V9C'✓i!'MlSFi J -Ar q rernvc pscwc } m nuw I S sn*3 7eee-aur — _a E-A-sting commercial building y . v f iv— i 1 r Newport Avenue •�a�i,r s., wren wr� ±remlrs—x r��� � �,� �`� � �4 •k Figure 2: TPM 2021-115 Review by Outside Agencies In accordance with Sections 66453 — 66455.7 of the California Government Code (Subdivision Map Act), the local agency (City of Tustin) is required to transmit a copy of the proposed TPM to other local agencies having jurisdiction. As such, a copy of proposed TPM 2021-115 has been routed to outside agencies having jurisdiction over or a title interest in the subject property for review and/or recommendations. As of the printing of this report, City staff has not received any comments from these outside agencies. CONCLUSION: The proposed subdivision meets the applicable development standards set forth in the TCC and General Plan, and TPM 2021-115/SUB 2021-0002 is consistent with the Subdivision Map Act and the City's Subdivision Ordinance. All existing buildings, parking area and roadway improvements will remain unchanged and there is no construction, demolition or grading proposed in conjunction with the project. As a result, staff recommends that the Planning Commission approve TPM 2021-115/SUB DocuSign Envelope ID:DB03C22F-34F1-4B02-99DA-3A2AAA3B85D2 PC Report August 24,2021 TPM 2021-115/SUB 2021-0002 Page 5 2021-0002. A decision to approve this request may be supported by the findings contained within Resolution No. 4438. DonuSigned by: DoeuSigned try: 091 fi87879t3C54A9 Epd5pA2623S5e:x Jorge Maldonado Justina L. Willkom Assistant Planner Community Development Director Attachments: A. Location Map B. Land Use Fact Sheet C. Tentative Parcel Map 2021-115 D. Resolution No. 4438 ATTACHMENT A LOCATION MAP 111,11111!:Jill 44 �' FA," � l{yt �:,+ rti r" � xl r '>� M• '�5 '� eoF t7 r grit; r ° fb n Or v : t � � r 24 h k r .r a : tf w o CD CD r r w ' L N i�l A • ° a y x WC'4 LU 't� ;� ;,v`"'' .. •. �ti� � _ ,fir z 0- a Q7k 434, Y¢yA v � J a : Itamiza NEW ` 0 Z Lu a (1) zLO y� r Lill d f I '�, h `�' M1gl. • .d 3 i J^'A� IRm � {'+ I. � ' Y �' �� ` � '� �''�� v ' 0 thh' �'.. '��Y �o.=•-'�� Ct. ']r- �.s. � : ,u$ '3s.'"'�r'�'.au X66 ilt� _. �t e .. �..�.�: � a� �� ATTACHMENT B LAND USE APPLICATION FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): SUB 2021-0002/TPM-2021-115 2. LOCATION: 15041-15121 NEWPORTAVENUE 3. APN(S): 430-251-35 4. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY: DDA 2011-01; DR 2012-00001; CUP-2012-00001: A request to develop a 149-room Residence Inn, 144-room Fairfield Inn, an 8,885 SF restaurant, and a 7,295 SF retail building. The DDA was issued a Final Certificate of Completion on June 29, 2015. 5. SURROUNDING LAND USES: NORTH: Hotel SOUTH: Hotel EAST (across Newport Ave): Commercial, Retail WEST: 55 Freeway 6. SURROUNDING ZONING DESIGNATION: NORTH: Planned Community (PC), Pacific Center East Specific Plan (SP-11) SOUTH: Planned Community (PC), Pacific Center East Specific Plan (SP-11) EAST: Planned Community (PC), Pacific Center East Specific Plan (SP-11) WEST: Planned Community (PC), Pacific Center East Specific Plan (SP-11) 7. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Planned Community Commercial Business (PCCB) SOUTH: Planned Community Commercial Business (PCCB) EAST: Planned Community Commercial Business (PCCB) WEST: Planned Community Commercial Business (PCCB) 8. SITE LAND USE: EXISTING PROPOSED Use: Commercial No Change Zoning: PC— Pacific Center East Specific Plan No Change General Plan: PCCB No Change DEVELOPMENT FACTS: 9. LOT AREA: 1.76 ACRES 10. PARKING: NO CHANGE 11. TENANT IMPROVEMENTS: NONE PROPOSED ATTACHMENT C TENTATIVE PARCEL MAP 2021-115 ai ED/NQE � . a _ a Q � W o. s I R i ' aPPic rzH HosPirwn owxxswP we CMN 9]5-T51-1 too ' � ''� �a '� ate^ � I � „Y '`•a Y`� �� �3� � m a' �a „ sm�u m 6 5iT I 2 T TLKR � SIXbLLx n Z• 2 mg v d va� ^� h i eor� a oma CY 000 b` ss .�� a ' 9� Elm o3@g.gFa c " I/ 1 d YSa i g: r Ai A N j��� I���. cam '', ''� I i�1:• 3 I I W v lig � a -- ---- -- � " ----------- R - ; - /AA 9.1 .-_APPGE IEN HOSPIT n OYNER9tlP NC -. F C P �� •� W '- lOiAPAR6 - _MN 4N-T51-]I �� � �= g `U EWE �h p> � OR s cffl^ = €a € g€ r gdR g -e�pasa - s aR g .g iR n iia n g KIP. pp, o g g s ., a €Sgt€` a e £ 3 s � s € Fig ° I� eat e"" € g ey p6. - ye a> ye �S ye g ye y ye ye e e im t ai _ _ g" € � � � ge € € € 4 & 55 a a g ` � 4 m �� Aga $ asa � a a §§fie"�, e$- m £ �aRNx gn M; eq �@:i PIN ��� �� k,� yy W 3 � yt s yty a ycy � yay '" ycy ggY yty �� yty yty yty x 4 „$ ^° � o _-sisg E a ao r.m C gx ��_� � R gig ^ x e �e G Ai � a� � R`yC �' �o � C � 2 C g`m �� C. C �$C_ C C �_ C a C $� C C C �f p` C 3�� � g g 88 e C R n c 9� e�� ` gu g 3 € 4 lag o e�aE �� e g• ��a- �g^ fag �� .g � L�„ � � o� �� ATTACHMENT D RESOLUTION NO. 4438 RESOLUTION NO. 4438 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING TENTATIVE PARCEL MAP 2021-115 AND SUBDIVISION 2021-0002 TO ALLOWA SUBDIVISION OF AN EXISTING COMMERCIAL PARCEL LOCATED AT 15041-15121 NEWPORT AVENUE INTO TWO (2) LOTS FOR CONVEYANCE PURPOSES ONLY. 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) 2021-115 and Subdivision (SUB) 2021-0002 was filed by Jake Lappert of DRC Engineering, requesting authorization to subdivide an existing commercial parcel located at 15041-15121 Newport Avenue into two (2) separate lots for conveyance purposes only. B. That the site is designated as Planned Community Commercial/Business (PCCB) by the City General Plan and is zoned as Planned Community — Specific Plan 11 (PC — SP 11). C. That a public hearing was duly called, noticed, and held for TPM 2021-115 and SUB 2021-0002 on August 24, 2021, by the Planning Commission. D. That as conditioned, the map would be in conformance with the State Subdivision Map Act and Tustin City Code (TCC) 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, the Pacific Center East Specific Plan, and other applicable provisions of the TCC. 2. The purpose of the subdivision is for conveyance purposes only. No construction, demolition or grading is proposed and all existing buildings and street improvements will remain unchanged. 3. The proposed subdivision is 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 one (1) existing commercial building and parking area. Both resultant parcels are located within an existing urbanized area and no physical improvements are proposed; therefore, no injury to fish and wildlife is anticipated. 4. The proposed subdivision is 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 Resolution No. 4438 Page 2 will remain unchanged. Any future redevelopment of either or both parcels will be required to comply with the Zoning Code, the Pacific Center East Specific Plan, applicable building and life safety codes, and applicable covenants and agreements. 5. That the proposed subdivision will not conflict with easements, for access through or use of property within the proposed subdivision. All existing buildings, parking areas and street improvements will remain unchanged. 6. 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. 7. That the requirements of the California Environmental Quality Act (CEQA) 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 CEQA) pertaining to minor land divisions. II. The Planning Commission hereby approves TPM 2021-115/SUB 2021-0002 authorizing the subdivision of an existing commercial parcel located at 15041- 15121 Newport Avenue into two (2) separate lots, subject to the conditions contained within Exhibit A, attached hereto. Resolution No. 4438 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 24th day of August, 2021 . AMY MASON Chairperson JUSTINA L. WILLKOM Planning Commission Secretary 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. 4438 was duly passed and adopted at a regular meeting of the Tustin Planning Commission held on the 24th day of August, 2021 . PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4438 SUBDIVISION 2021-0002/TENTATIVE PARCEL MAP 2021-115 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped August 24, 2021 , on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. (1) 1.2 Approval of SUB 2021-0002/TPM 2021-115 shall become null and void unless the map is recorded within twenty-four (24) months of the date of this approval. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 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 SUB 2021-0002/TPM 2021-115 is 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 Community Development Director and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 The applicant 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. SOURCE CODES (1) STANDARD CONDITION (5) RESP. AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Exhibit A Resolution No. 4438 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 Any transfer of the entitlement requires the new owner(s) to sign and return an "Agreement to Conditions Imposed" form provided by the Community Development Department. (1) 1.8 As a condition of approval of SUB 2021-0002/TPM 2021-115, 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) 1.9 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 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 TCC, the Pacific Center East Specific Plan, and Disposition and Development Agreement (DDA) 2011-01. TENTATIVE PARCEL MAP 2021-115 (1) 2.1 The applicant shall prepare and record a final subdivision map. (***) 2.2 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. Exhibit A Resolution No. 4438 Page 3 FEES (1) 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. MISCELLANEOUS CONDITIONS (1) 4.1 Future development of Parcel A will require the design and construction of a new trash enclosure with a roof: A. The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling programs. B. Waste and Recycling collection facilities shall be equally and readily accessible by the property owner(s) or tenant(s). C. Waste and Recycling collection facilities must be placed in a location that can be easily and safely accessed by the solid waste hauler while utilizing either front loader or side loading equipment. D. Adequate collection capacity shall be provided to ensure that collection frequency shall not exceed four times per week for commercial customers. E. All trash enclosures shall be designed with a roof and be able to accommodate at least two (2) 4-yard bins, with at least one (1) bin reserved for recyclable materials. Space for a container for organics is also required as described in Section F below. F. All developments are required to provide space for the collection of organic materials. Organics are collected in 35-gallon and 65-gallon wheeled carts, and 2-yard bins. The size of the organics container will be dependent upon the use and size of the building. Organics can be collected six (6) days per week to minimize the space required for a container.