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Home My WebLink AboutTPM 99-217 EXTENSION JATE: MARCH 18, 2002 ~ Inter-Com ~_: vs'{: TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: TIME EXTENSION FOR TENTATIVE PARCEL MAP 99-217 APPLICANT! OWNER: AGITOUCHSTONE WARNER RED HILL L.L.C. 1201 DOVE STREET, SUITE 100 NEWPORT BEACH, CA 92660 15901,15941, AND 15991 RED HILL AVENUE LOCATION: ZONING: PLANNED COMMUNITY INDUSTRIAUBUSINESS (PC.IND/BUS) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 15) PURSUANT TO SECTION 15315 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: AN AMENDMENT TO CONDITION 1.8 OF RESOLUTION 00-037 TO ALLOW A TWELVE (12) MONTH TIME EXTENSION TO RECORD FINAL PARCEL MAP 99-217 RFCOMMFNDATION That the Zoning Administrator adopt Zoning Administrator Action 02-002 approving a twelve (12) month time extension to record Final Parcel Map 99-217. BACKGROIINn ANn DISCIISSION On June 5, 2000, the City Council adopted Resolution 00-37 approving Tentative Parcel Map 99-217 to allow subdivision of a 5.7-acre parcel located at 15901, 15941, and 15991 Red Hill Avenue (Attachment A - Location Map) to create three (3) parcels for conveyance and financing purposes (Attachment 8 - Approved Map). On April 2, 2001, the City Council approved the Final Map 99-217, which was determined to be in substantial conformance with the Tentative Parcel Map approvals, the City's Zoning Administrator Report Time Extension TPM 99-217 March 18, 2002 Page 2 Zoning Code and Subdivision Code, and the State Subdivision Map Act (Attachment C - Resolutions of Approval). Although all requirements of the map approval have been satisfied and the City Engineer has signed the map, the map has not been recorded. The expiration date for recordation of Tentative Parcel Map 99-217 is June 5, 2002. Pursuant to Condition 1.8 of Resolution 00-037, the applicant has requested a twelve (12) month time extension to record the map (Attachment 0 - Submitted Request) for financial reasons. In accordance with Sections 9299(4) and 9321 of Tustin City Code, the Zoning Administrator has the authority to approve a time extension of not more than twelve (12) months for subdivisions. ~(::~? Minoo Ashabi Associate Planner , J Attachments: A - Location Map B - Approved Map C - Resolutions 00-37 & 01-29 o - Submitted Request E - ZA Action 02-002 S:\CddIZAREPORT\time extension- Tpm 99-217.doc ATTACHMENT A Location Map LOCATION MAP 00 PROJECT NO. ADDRESS \ sqO I, ISQ41 ( 15'1'11 RED HI L-l- AVE.. L!OI!NO 1 A 7: ~. S- F. " PflO.)!C,T .,,.e TRAcr @ 2=",,"1. .f,' ..... NO. IOT07'l MOSH€R ~~~ "";-:"' ;, @ '0" ,- ---;;;;;;:.;;-- " a ;~1. " ~'" ;~..$ (I' "l" , \ , ; S~=~=~~....-__-,~"" '!1'-;;'f!- @ C;; ..J6'A(;.~ ,oF< ~ . . \ 1VST1N t..~,'IC.:1 ~, " --~--..- ::: :aU{! ~, TRAcrN~ro' ~RA~Tlf? "",Rl!l'l.W ATTACHMENT B Approved Tentative Parcel Map 00eeeee0el ~~~ t, i' It ~, I' ii' ill f III Ij II II :jlj Iii !I,II ili Ii Ii Ii Ii II ,i ii !i I 11..i!!!!!!I!III!II! l ''11111111 ;'11' b Ii :: ;! :!;! uil I! lll,lilllllll:ld! II' 'I I 111'1 I ~ I I I ~ ~ ! ,I!' ,Id" I; ~! ~ ~ I I I ii' Q ~ 1'. Q ~ ~ ~ ~ i l~~ ;~.l:!; ~~ ij ~ ~ ~ ij II, I :il I II Il II t I ~ ~ n,5 . ~ \'\-'-! . @@e @ i'l i'l' \'11 i II I'll!! lili i Il!i II"'" , .\' ~l Ol" Ij:1 q; ~ll I' I! 'I'll "'I HI' -II IIII i I,," , h i ~ :il '!l I~ I\. ~ ~ ~ t ~ Q II I pilj .,,~s I' Ham II II 1!111!11 ." !II\ III - I- ." I ! l! I · I I' " II I 1m .~ Ll:1 !h I~' ill' . Il~ t:: 1":0 ~f ,CIl I ~ W , I , II , ~ ~' ~I ,\ ~, I , I , I , I ~ -, !~ Iii 1\'- ~ iil: ,Ii ~ il ~ , "" ~ '" - . ~ I ; :1 il i ! ..... to'''''. '..,."., Ilh Ih:~ ',I,. ltl~~ jjt ~ , .- I , t " \ ~ , f9, """, I ~ , I . .1 ~ 'I' ,., " ~ I' ... O\di ~~~ 17: III .'ill I III 1M <l I' ,J ili iF ili~~ ,~ _ \8 a~~;tJ ~ l~ II "l~~~ :~ ~ !. -,.'" 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II < .11 I ",< II Ii I I ,,,, I ATTACHMENT C Resolutions 00-037 & 01-029 2 ) 4 5 6 7 8 9 JO JJ J2 J) J4 15 J6 RESOLUTION NO. 00-37 /- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE PARCEL MAP 99-217 TO SUBDIVIDE A 5,7 ACRE PARCEL LOCATED AT 15901, 15941 and 15991 RED HILL AVENUE INTO THREE NUMBERED PARCELS FOR CONVEYANCE PURPOSES. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That Tentative Parcel Map 99-217 to subdivide one parcel into three parcels for conveyance purposes had been filed by Professional Real Estate Services on behalf of AGrrouchstone Warner Red Hill L.L.C. for consideration; B. That a public hearing was duly called, noticed and held for said map on May 8, 2000 by the Planning Commission, and the Planning Commission recommended that the City Council approve the project; That a public hearing was duly called, noticed and held for said map on June 5, 2000 by the City Council; C. J7 D. That the project is Categorically Exempt pursuant to Section 15315 (Class 15) of the California Environmental Quality Act; J8 That the proposed subdivision is in conformance with the Tustin Area General Plan, Tustin Zoning Code, State Subdivision Map Act and the City's Subdivision Code; J9 E. 20 2J F. That the site is physically suitable for the type of development proposed; 22 That the site is physically suitable for the proposed density of development; G. 23 24 That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; H. :5 26 That the design of the subdivision or the type of improvements proposed will hot conflict with easements acquired by the public, for access through or use ofthe property within the proposed subdivision; and, :!7 I. 28 29 J. That in accordance with the City's Circulation Element Red Hill and ~ Resolution No. 00-37 TPM 99-217 2 June 5, 2000 Page 2 ) 4 Wamer Avenues are designated as major arterial highways that will be improved to six lane facilities in the future. Implementation of improvements on Red Hill requires five (5) additional feet along the westerly side of Red Hill Avenue which the applicant has agreed to dedicate. Pursuant to the City's Subdivision Ordinance No. 1177, Section 9331(a), the subdivider is required to dedicate land required for street improvements as provided in Section 66475.2 of the Subdivision Map Act. 5 6 7 8 9 K. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. ]0 ]] II. The City Council hereby approves Tentative Parcel Map 99-217 to subdivide one parcel into three parcels for conveyance purposes at 15901, 15941 and 15991 Red Hill Avenue, subject to the conditions contained in Exhibit A attached hereto. ]2 lJ ]4 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 5th day of June, 2000. ]5 16 ]7 18 ]9 20 2] Vili'l1 ra ~~ PAMELA STOKER CITY CLERK 22 23 24 15 26 2i 28 29 EXHIBIT A TENTATIVE PARCEL MAP 99-217 RESOLUTION NO. 00-37 CONDITIONS OF APPROVAL GENERAL (1 ) ... ... ... 1.1 The proposed project shall substantially conform with the submitted plans for the project dated June 5, 2000. 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 if such modifications are consistent with the provisions of the Tustin City Code. 1.2 In accordance with the City's Subdivision Ordinance Section 9323, and the Subdivision Map Act Section 66474, the proposed subdivision shall be consistent with the General Plan and zoning regulations. 1.3 In accordance with the City's Subdivision Ordinance Sectibn 9332e, all lots shall have direct access to public streets. A reciprocal ingress/egress, maintenance and parking agreement between all parcels shall be recorded. The agreement shall be submitted within thirty (30) days from the City Council approval date to Community Development Department for review and approval by the City Attorney. Prior to recordation of the Tentative Parcel Map 99-217, proof or recordation of the agreement shall be submitted to the Community Development Department. 1.4 Each parcel shall maintain the minimum number of disabled parking spaces and access required by the American with Disabilities Act (ADA). Future expansion and or alteration of the parcels would require compliance with the Title 24 ADA requirements applicable at the time the building permits are issued. (1) 1.5 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to recordation .of the final map for the project, subject to review and approval of the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODElS (4) DESIGN REVIEW ... EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY - Resolution No. 00-37 TPM 99-217 June 5, 2000 Page 2 (1) 1.6 Approval of Tentative Parcel Map 99-217 is contingent upon the applicant and property owner signing and returning an "Agreernent to Conditions Imposed" form as established by the Director of Comrnunity Development. (1) 1.7 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. (1) 1.8 The subject project approval shall becorne null and void unless a final map is submitted for review and approval within twenty four (24) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. CC&Rs (1) 2.1 Prior to approval of the final map, all organizational documents for the establishment of a maintenance association of the three properties including any deed restrictions, covenants, conditions, and restrictions shall be submitted to and approved by the Community Development Department and the City Attorney. The applicant is responsible for costs associated with the review of these documents. A copy of the final documents shall be submitted to the; Community Developrnent Department within five (5) days after their recordation. CC&Rs shall include, but not be limited to, the following: A. 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. B. "Association" bylaws shall be established. C. Provisions for effective establishment, operation, management, use, repair and maintenance of all building and site improvement including landscaped areas, walls and fences, private roadways (i.e., walks, sidewalks, trails) and trash enclosures for the three proposed parcels shall be included. D. Membership in the "Association" shall be inseparable from ownership in individual lots. - Resolution No. 00-37 TPM 99-217 June 5, 2000 Page 3 E. Maintenance standards shall be provided for applicable items listed in Section C above in CC&Rs. Maintenance standards shall include, but not limited to, the following: 1. All building and site improvements contained within the three proposed parcels including but not limited to 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 pedestrian traffic along the walkways. 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 and sidewalks 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. In addition, the pedestrian access at the main project entry shall remain open and accessible to the public at all times. 3. All buildings and site improvements contained within the proposed parcels 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, or that such a condition of deterioration or disrepair cause harm or is materially detrimental to property values or improvements. F. Parking spaces, driveways, sidewalks and other access to the site and buildings shall not be permanently or irrevocably assigned to any individual unit, tenant or building. The minimum required number of parking spaces for each building shall be maintained on the property on which the building is located. - Resolution No. 00-37 TPM 99-217 June 5, 2000 Page 4 G. All utility services serving the site shall be installed and maintained underground. H. The "Association" shall be required to file the name, address, and telephone number of at least one member of the Association Board and the project manager before January 1st of each year with the Community Development Department for the purpose of contacting the Association. I. The "Association" shall inform and disclose all new members of the association upon purchase or a lease agreement on limitation of use of the shared access, driveways, and parking spaces. J. For the purposes of sign installation, the three properties would be entitled to one sign per street frontage consistent with the Tustin Sign Code. K. Future expansions of any of the buildings would be subject to a design review application by the Community Development Department and the applicable prevailing codes and regulations. I. No amendment to alter, modify, terminate or change the Association's obligation to maintain the buildings and site improvements contained within the three proposed parcels and the project perimeter wall or other CC&R provisions in which the City has an interest, as noted above, or to later, modify, terminate or change the City's right to enforce maintenance of the buildings and site improvements within the three properties and the project perimeter wall and improvements, shall be effective without prior written approval of the Community Development Department. PUBLIC WORKS DEPARTMENT *** 3.1 The subdivider shall dedicate five (5) feet of street right-of-way along Red Hill Avenue plus the appropriate corner cut-off for future street widening in the form of an irrevocable offer of dedication. The offer of dedication shall state that the City ofTustin shall be permitted to obtain, at no cost, a right-of-entry for all on-site joins when the ultimate street Resolution No. 00-37 TPM 99-217 June 5, 2000 Page 5 improvements are constructed. Provide legal descriptions and sketches as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor to the Engineering Division for review and approval. (1) 3,2 The subdivider shall record with appropriate agencies, Final Parcel Map 99-217 prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein. (1) 3,3 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act and the City's Subdivision Ordinance. (1) 3.4 As required by the Subdivision Map Act, the subdivider shall execute a Subdivision and Monumentation Agreement and furnish the ImprovementlMonumentation Bonds as required by the City Engineer prior to recordation of the Final Map. ORANGE COUNTY FIRE AUTHORITY (5) 4.1 Prior to recordation of the Final Parcel Map, the applicant shall obtain all necessary approval from the Orange Cou(1ty Fire Authority (OCFA). (5) 4.2 Prior to recordation of the Final Parcel Map, the applicant shall obtain approval of the Fire Chief for all fire protection access easement, required for fire department access within 150 feet of all portions of the exterior of every structure on the site. This access easement shall clearly be defined on the parcel map with a statement identifying the easement. The entire lopped fire department access road will be required to be identified as an easement for fire department access, and any other portion of roads required to obtain access to within 150 feet of any and all portions of the exterior. FEES (1) 5.1 The applicant shall submit to the City of Tustin any additional CC&R Review fee required at the time of submittal. The CC&R Review fee includes one initial check and recheck of the document. If subsequent review is required, an hourly fee of $150 per hour (or rate in effect at the time of submittal) for City Attorney and $50 per hour (or rate in effect at the time of submittal) for Planning Staff is required. - Resolution No. 00-37 TPM 99-217 June 5, 2000 Page 6 (5) 5.2 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 $38.00 (thirty eight dollars) 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. City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RESOLUTION NO. 00-37 I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California. hereby certifies that the whole number of the members of the City Council of the City of Tustin is five; and that the above and foregoing Resolution No. 00- 37 was adopted at a regular meeting of the City Council held on the 5th day of June, 2000, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: . Thomas, Worley, Doyle, Saltarelli None None Potts. M~oCb~ Pamela Stoker, City Clerk - 17 18 19 20 21 22 23 24 25 26 27 28 29 4 5 6 T 8 9 10 II 12 13 14 15 16 I 2 RESOLUTION NO. 01-29 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING FINAL PARCEL MAP 99-217 TO SUBDIVIDE A 5.7 ACRE PARCEL CURRENTLY DEVELOPED WITH THREE OFFICE BUILDINGS INTO THREE (3) PARCELS FOR CONVEYANCE PURPOSES. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That Final Parcel Map 99-217 to subdivide a 5.7 acre parcel into three parcels of 2.08, 1.08, and 1.58 acres located at 15901, 15941, and 15991 Red Hill Avenue, for conveyance purposes, was submitted by Huitt-Zollars, Inc. on behalf of A1GfTouchstoneWarner Red Hill L.L.C. for consideration; B. That the Planning Commission recommended that the City Council approve Tentative Parcel Map 99-217 on May 8, 2000, and the City Council approved Tentative Parcel Map 99-217 on June 5,2000; c. That Final Parcel Map 99-217 was considerad by the City Council on April 2, 2001; D. That, as conditioned, the proposed subdivision is in conformance with the Tustin Area General Plan, Tustin Zoning Code, State Subdivision Map Act and the City's Subdivision Code; E. That the site is physically suitable for the type of developmentproposed; F. That the site is physically suitable for the proposed density of development; G. That Final Parcel Map 99-217 is Categorically Exempt (Class 15) from the provisions of the California Environmental Quality Act pursuant to Section 15315; H. That the design of the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; I. That the type of improvements proposed will not conflict with easements acquired by the public, for access through or use of the property within the project site; 2 3 10 11 12 13 14 15 City Council Resolution No. 01-29 Final Parcel Map 99-217 April 2, 2001 Page 2 4 That the types of improvements proposed are not likely to cause serious public health problems; J. 5 6 That the project has been reviewed for compliance with the Americans with Disabilities Act of 1990 and it has been determined that dedications of right-of-way to accommodate a four (4) foot wide sidewalk behind the drive aprons are necessary for compliance with the requirements of ADA; K. 7 8 9 L. That in accordance with the City's Circulation Element Red Hill and Warner Avenues are designated as major arterial highways that will be improved to six lane facilities in the future. Implementation of improvements on Red Hill requires five (5) additional feet along the westerly side of Red Hill Avenue, which the applicant has agreed to dedicate. Pursuant to the City's Subdivision Ordinance No. 1177, Section 9331(a), the subdivider is required to dedicate land required for street improvements as provided in Section 66475.2 of the Subdivision Map Act; and, M. That the project has been reviewed for consistency with the Air Quality Sub"Element of the City of Tustin General Plan and has been determined to be consistent or has been conditioned to be consistent with the Air Quality Sub-Element. 16 17 18 19 II. The City Council hereby approves Final Parcel Map 99-217 to subdivide a 5.7- acre parcel into three parcels of 2.08, 1.08, and 1.58 acres located at 15901, 15941, and 15991 Red Hill Avenue, for conveyance purposes. 20 21 22 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the Z"dayofApril,Z.01. ~~ tI Tracy Will orley ~ MAYOR 23 24 25 26 27 28 29 City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RESOLUTION NO. 01-29 I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, hereby certifies that the whole number of the members of the City Council of the City of Tustin is five; and that the above and foregoing Resolution No. 01- 29 was adopted at a regular meeting of the City Council held on the 2nd day of April, 2001, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Thomas, Worley, Bone, Kawashima None None Doyle ATTACHMENT D Submitted Request ATTACHMENT E 3 2 ZONING ADMINISTRATOR ACTION 02-002 RECORDATION OF TENTATIVE AND FINAL PARCEL MAP 99.217 4 The Zoning Administrator of the City of Tustin does hereby resolve as follows: 5 I. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 II. 21 22 The Zoning Administrator finds and determines as follows: A. On June 5,2000, the City Council approved Tentative Parcel Map 99-217 to subdivide a 5.7-acre property into three parcels for conveyance purposes located at 15904, 15941, and 15991 Red Hill Avenue. Condition 1.8 of Resolution No. 00-037 required the applicant to record the final map within 24 months or by June 5, 2002. B. The applicant, AGrrouchstone Warner Red Hill, has submitted a proper application to amend Condition 1.8 of Resolution No. 00-037 to allow a twelve (12) month extension to record Final Parcel Map 99-217. C. That the proposed request for a time extension complies with the City's Subdivision Ordinance. D. Pursuant to City Code Section 9299(4), the Zoning Administrator has the authority to approve time extensions of up to twelve (12) months for subdivisions. E. Notices of Categorical Exemptions for the Tentative and Final Parcel Map were filed with the County Clerk Recorder in accordance with Section 15315, Class 15, of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The Zoning Administrator hereby approves an amendment to Condition 1.8 of Resolution 00-037 authorizing a twelve (12) month extension to record Final Parcel Map 99-217 by June 5, 2003. 23 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular 24 meeting held on the 18th day of March, 2002. 25 26 27 28 ELIZABETH A. BINSACK Zoning Administrator 29 Eloise Harris Recording Secretary oning Administrator Action 02-002 age 2 2 3 6 , ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of 7 he Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action o. 02-002 passed and adopted at a regular meeting of the Tustin Zoning Administrator, 8 eld on the 18th day of March, 2002. TATE OF CALIFORNIA) OUNTY OF ORANGE ) ITY OF TUSTIN ) 4 5 9 10 11 LOISE HARRIS ecording Secretary 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29