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HomeMy WebLinkAboutPC RES 4438 DocuSign Envelope ID: B5CAF058-B039-4A46-90F3-91AOA042D9B2 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 ALLOW A 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. hat: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 DocuSign Envelope ID: B5CAF058-BO39-4A46-9OF3-91AOA042D9B2 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. DocuSign Envelope ID: B5CAF058-B039-4A46-90F3-91AOA042D9B2 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. D/o/pc_u-Signedby- AMY MASON DocuSigned by Chairperson .... [Jew,E �5:4A5 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: Chu, Higuchi, Kozak, Mason, Mello (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: DocuSigned by: u -4. O�� ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary DocuSign Envelope ID: B5CAF058-B039-4A46-90F3-91AOA042D9B2 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 DocuSign Envelope ID: B5CAF058-BO39-4A46-9OF3-91AOA042D9B2 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. DocuSign Envelope ID: B5CAF058-B039-4A46-90F3-91AOA042D9B2 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.