HomeMy WebLinkAboutCC RES 06-77
RESOLUTION NO. 06-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING TENTATIVE TRACT MAP 17026 TO
SUBDIVIDE 805.5 ACRES INTO THIRTY-SIX (36) LOTS
FOR CONVEYANCE PURPOSES WITHIN PLANNING
AREAS 7, 8, 9, 10, 11, 12, 13, 14, AND 15 OF THE MCAS
TUSTIN SPECIFIC PLAN, GENERALLY BOUNDED BY
EDINGER AVENUE TO THE NORTH, JAMBOREE ROAD
TO THE EAST, BARRANCA PARKWAY TO THE SOUTH,
AND RED HILL AVENUE TO THE WEST
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 Tentative Tract Map No. 17026 was
submitted by Tustin Legacy Community Partners requesting subdivision of
approximately 805.5 acres, into thirty-six (36) numbered lots for
conveyance purposes within Planning Areas 7, 8, 9, 10, 11, 12, 13, 14,
and 15 of the MCAS Tustin Specific Plan, generally bounded by Edinger
Avenue to the north, Jamboree Road to the east, Barranca Parkway to the
south, and Red Hill Avenue to the west;
B. As conditioned, the proposed subdivision will be in conformance with the
Tustin General Plan, MCAS Tustin Specific Plan;
C. That the site is located in Planning Areas 7, 8, 9,10,11,12,13,14, and
15 of the MCAS Tustin Specific Plan;
D. That a Final Environmental Impact Statement/Environmental Impact
Report and the Addendum for the Reuse and Disposal of MCAS Tustin
(FEIS/EIR) was prepared and certified on January 16, 2001 and April 3,
2006, respectively.
E. The proposed subdivision is for conveyance purposes only. No
development rights are associated with approval of this conveyance map.
An Environmental Analysis Checklist has been prepared that concludes
that no substantial change is expected from the analysis previously
completed in the FEIS/EIR for MCAS Tustin. The Planning Commission
has adopted Resolution No. 4026 finding that the proposed Tentative
Tract Map 17026 for conveyance purposes will have no environmental
impacts and that the FEIS/EIR for the MCAS Tustin Reuse Plan and
Specific Plan adequately addressed all potential impacts related to the
project;
Resolution No. 06-77
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F. That a public hearing was duly called, noticed, and held for said map by
the Planning Commission on June 26, 2006, and the Planning
Commission adopted Resolution No. 4027 recommending that the City
Council approve Tentative Tract Map 16790; and
G. That a public hearing was duly called, noticed, and held for said map on
July 3, 2006, by the City Council
II. The City Council hereby approves Tentative Tract Map 17026 for the subdivision
of approximately 805.5 acres into thirty-six (36) lots for conveyance purposes,
subject to the conditions contained in Exhibit A attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on
the 3'd day of July, 2006.
~r/J?~
PA ELA STOKER
CITY CLERK
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. 06-77 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 3rd day of
July 2006, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
DAVERT, HAGEN, AMANTE, BONE, KAWASHIMA
NONE
NONE
NONE
(5)
(0)
(0)
(0)
~Qo~
PA ELA STOKER
CITY CLERK
Resolution No. 06-77
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EXHIBIT A - TENTATIVE TRACT MAP 17026
RESOLUTION NO. 06-77
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 While pursuant to the subdivision requirements of the Tustin Municipal
Code and the State Subdivision Map Act ("Subdivision Governmental
Requirements"), the subdivider would normally have up to 24 months from
tentative map approval to record a Final Map; however, the subdivider
shall record a Final Map in compliance with all Subdivision Governmental
Requirements and all applicable conditions contained herein and within
the schedule of performance and pursuant to provisions contained in
Disposition and Development Agreement (DDA) 06-01 dated and
executed May 3, 2006. Failure to record a Final Map consistent with the
provisions of DDA 06-01 shall result in Tentative Tract Map 17026
approval becoming null and void.
(1) 1.2 Approval of Tentative Tract Map 17026 is contingent upon the applicant
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 Director of Community Development, and
evidence of recordation shall be provided to the Community Development
Department.
(1) 1.3 The final tract map shall be recorded in accordance with submitted maps
dated June 26, 2006, and all applicable requirements of the MCAS Tustin
Specific Plan, Tustin City Code, and applicable policies and guidelines.
All conditions of approval herein, as applicable, shall be satisfied prior to
recordation of a final map or as specified herein.
(1) 1.4 The subdivider shall comply with all applicable requirements of the State
Subdivision Map Act, and the City's Subdivision Ordinance, the MCAS
Tustin Specific Plan, the Tustin City Code, applicable City of Tustin
guidelines and standards and applicable mitigation measures identified in
the certified FEIS/EIR, and other agreements with the City of Tustin unless
otherwise modified by this Resolution.
(1) 1.5 Prior to final map approval, the subdivider shall submit:
A. A current title report; and,
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B. A duplicate mylar of the Final Map, or 8% inch by 11 inch
transparency of each map sheet and prior to Certificate of
Acceptance
(1) 1.6 Final Map 17026 is a Sector A Map under the MCAS Tustin Specific Plan
for financing and conveyance purposes only, except as may be identified
pursuant to this Resolution No. 06-77. Approval of the tentative map is
not an approval for conveyance of any property. Conveyance of property
to the subdivider shall be pursuant to provisions of DDA 06-01, and as
approved by the City. The Subdivider shall also not encumber any parcels
shown on the Tentative Tract Map without having an ownership interest
conveyed to the Subdivider by the City, and then only subject to the
written consent of the City in its sole discretion. All mortgages shall be
subject to and subordinate to DDA 06-01, the City's Right of Reversion,
any Special Restrictions, and Master Association Documents, the Ground
Lease and any Vertical Builder covenant, conditions and restrictions.
(1) 1.7 The subdivider shall not enter into any binding sale, transfer, or rental
agreement on any parcel shown on Tract Map 17026 until recordation of a
Sector B Map.
(1) 1.8 Tentative Tract Map or any subsequent Final Maps recorded as a result of
Tentative Map or Final Map 17026, grants no development rights with the
exception that deconstruction, demolition and mass grading activities on
the property may be approved by the city subject to all government
requirements as such are defined in DDA 06-01 dated and executed May
3, 2006, until recordation of a Sector B Map as identified in DDA 06-01
and pursuant to procedures identified in the MCAS Tustin Specific Plan.
(1) 1.9 Pursuant to Section 8.3.2 of DDA 06-01, subdivider shall be required to
dedicate to or at the direction of the City, on each subsequent Sector B
and Sector C Map, all required dedications as described in DDA 06-01
and otherwise required or approved by the City, including but not limited to
the following, all as collectively referred to, in DDA 06-01 as the
"Dedication Parcels":
a) Provided such property has previously been conveyed to the
Developer, approximately 50 acres of the Project as educational
facilities, including a 40-acre high school in Neighborhood D and a
10 acre elementary school in Neighborhood G; provided, however,
that the elementary school site may be expanded, at the option of
the City, by an additional five (5) acres, subject to successful
negotiation between the City and Tustin Unified School District;
provided further, that the Developer shall not be required to provide
additional open space to accommodate such five (5) acre increase
to the educational facilities. In the event that the ten (10) acre
Resolution No. 06-77
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elementary school site is expanded by five (5) acres in accordance
with the above Section, such five (5) acre parcel shall be
accommodated out of the 5.3 acre neighborhood park located in
Neighborhood G;
b) Land for right-of-way areas in favor of the public for streets and
utilities;
c) Land for public parks, public or community facilities, open spaces,
public trails and/or greenbelt areas to be publicly owned and
maintained (and easements for public access and use related to
portions of the Property to be privately owned and maintained for
private parks, open space, trails and/or greenbelt areas pursuant to
Section 8.15 of DDA 06-01);
d) Land for the location of five (5) water wells, including access,
pipeline and maintenance easements for the same in the
approximate vicinity of Barranca Parkway pursuant to the Specific
Plan;
e) Land to be used as additional right-of-way for widening of the
Barranca Channel and the Santa Ana Santa Fe Channel pursuant
to the MCAS Tustin Specific Plan; and
f) Land as otherwise set forth in the MCAS Tustin Specific Plan or the
Entitlements.
(1) 1.10 For any subsequent dedications required by subdivider pursuant to DDA
06-01, the developer required dedications shall be in consideration of the
City's entry into DDA 06-01 and there shall be no adjustment of purchase
price for any phase, or requirement that the City pay any fee or other
consideration in respect to dedication of the Dedication Parcels.
(1) 1.11 The DDA 06-01 shall continue in full force and effect without defaults and
all obligations under DDA 06-01, as applicable, shall continue to be met by
Developer prior to final map approval.
(1) 1.12 Prior to approval of the Final Tract Map 17026, the Subdivider shall
submit closures for all parcels to verify area as shown, subject to review
and approval by the City Engineer.
(1) 1.13 Prior to the approval of Final Tract Map 17026, the Subdivder shall re-
submit Tentative Tract Map 17026 and ensure the legal descriptions
shown are consistent with the approved DDA and AL TA, subject to
review and approval by the City Engineer.
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(1) 1.14 Prior to the approval of Final Tract Map 17026, the Subdivider shall
execute a monumentation agreement and furnish the monumentation
bond as required by the City Engineer and subject to review and
approval by the City Engineer.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODEtS
(4) DESIGN REVIEW
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PCtCC POLICY
... EXCEPTION
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