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HomeMy WebLinkAboutCC RES 01-31l0 14 l? 20 2?- 24 25 27 RESOLUTION NO. 01-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING FINAL PARCEL MAP 2000-219 TO COMBINE THE THREE EXISTING LOTS TOTALING 30,636 SQUARE FEET LOCATED AT 12569 NEWPORT AVENUE INTO 'RNO LOTS FOR THE PURPOSE OF DEVELOPING TWO MEDICAL/GENERAL OFFICE BUILDINGS. The City Council of the City of Tustin hereby finds and determines as follows: Ao That Final Parcel Map 2000-219 to combine three existing lots totaling 301636 square feet located at 12569 Newport Avenue into two lots of 12,398 square feet and 18,238 square feet for the purpose of developing two medical/general office buildings was submitted by Dr. Steve Shepherd and Steve McKinlay for consideration; Bo That on September 27, 1999, the Planning Commission recommended that the City Council approve Design Review 98-036 to construct two medical/general office buildings at the property located at 12569 Newport Avenue; C. That Design Review 98-036 was approved by the City Council on November 1, 1999, authorizing the construction of two medical/general office buildings subject to the condition that a tentative and final parcel map combining the three existing lots into one lot be approved and recorded. Following City Council approval and inconsistent with Resolution No. 99-95, the applicant of the approved Design Review 98- 036 sold the lots to two different' parties. These two parties, Dr. Shepard and Mr. McKinlay, are proposing through Tentative Parcel Map 2000-219 to combine three lots into'two lots to reflect two property owners. De That a public.hearing was duly called, noticed, and held for Tentative Parcel Map 2000-219"on JanuarY 8, 2001, by the Planning Commission and January, 16, 2001, by the City Council; E,, That Final Parcel Map 2000-219 was considered by the City Council on April 2, 2001; F. That the applicant requested that review of the Final Parcel Map 2000- 219 be expedited to accommodate immediate project implementation and construction, that Final' Parcel Map 20.00-219, as submitted, does not illustrate minimum required information, and that the Final Parcel Map 2000-219 will need to be revised and appropriate deed restrictions enforceable by the City will need to be provided in 'accordance with Exhibit A of this resolution and submitted to the Community Development Department prior .to the recordation .of the map and/or issuance of building permits. ~ ~ ,_ ~. 2 3 4 s 6 7 g 9 10 I1 12 13 la 15 I6 17 la 19 20 21 22 23 24 2s 26 27 2s 29 City Council Resolution 01-31 April 2, 2001 Page 2 G. That the proposed subdivision involves the combination of fewer than four (4) parcels and is Categorically Exempt pursuant to Section 15315 (Class 15) of the California Environmental Quality Act (CEQA); H. 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; I. That the site is physically suitable for the type of development proposed; J. That the site is physically suitable for the proposed density of development; K. 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; L. That the design of the subdivision or the type of improvements proposed will not conflict with easements acquired by the public, for access through or use of the property, within the proposed subdivision; M. That the project has been reviewed for compliance with the Americans with Disabilities Act of 1990 and satisfies the requirements by providing dedications of right-of--way to accommodate a four (4) foot wide sidewalk behind the drive aprons and removal of the existing five (5) foot wide sidewalk along the frontage and replacement of an eight (8) foot wide sidewalk. A three (3) foot dedication of additional right-of-way along the entire Newport Avenue frontage is necessary to meet current City standards and ADA requirements; and, N. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. O. The term "C,C&Rs" or "CCRs" or "Covenants, Conditions, and Restrictions" as used in the conditions of approval may include any recorded documents or instruments which: (1) operate as a burden on the title and the use of the property; (2) ensures a "joint and several" responsibility between all owners of all lots of record to comply with all conditions of approval, including maintenance of common areas; (3) is fully enforceable by the City; and (4) is approved by the Community Development Director and the City Attorney. EXHIBITA FINAL PARCEL MAP 2000-219 RESOLUTION NO. 01-31 CONDITIONS OF APPROVAL GENERAL (1) 1.1 ('l) 1.2 ('l) 1.3 (1) 1.4 (1) 1.5 The proposed project shall substantially conform with the submitted plans for the project date stamped January 8, 2001, on file with the Community Development Department, as herein modified, or unless otherwise indicated, as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. 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. The subject approval shall become 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. Approval of Tentative Parcel Map 2000-219 is cOntingent upon the applicant and property owners signing and returning a notarized "Agreement to Conditions Imposed" form as 'established by the Community Development Department. Each 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 of this project. SOURCE CODES , ,, (1) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS(I) (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS. LANDSCAPING GUIDELINES PC/CC POLICY ~ ~ ` _ ~. Exhibit A City Council Resolution 01-31 April 2, 2001 Page 2 (1) 1.6 A reciprocal parking, access, and circulation agreement shall be submitted to the Community Development Department for review and approval prior to recordation. (5) 1.7 The applicant shall submit a hold harmless letter identifying the risk of proceeding with the issuance of permits prior to recordation of a final map. MAP SUBMITTAL (1) 2.1 Final Parcel Map 2000-219 shall be recorded with the County of Orange prior to issuance of building permits. (1) 2.2 The applicants shall comply with all Conditions of Approval identified in City Council Resolution Nos. 99-95 and 01-03. (1) 2.3 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act and the City's Subdivision Ordinance. (1) 2.4 As required by the Subdivision Map Act, the subdivider shall execute a Subdivision and Monumentation Agreement and furnish the Improvement/Monumentation Bonds as required by the City Engineer prior to recordation of the Final Map. (1) 2.5 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State and Regional Water Quality Control Board rules and regulations. CC&Rs (1) 3.1 Prior to recordation of the final map, all documents necessary or desirable to ensure "joint and several" responsibility between all owners of all lots of record to comply with all conditions of approval, including maintenance of common areas, including any deed restrictions, covenants, conditions, and restrictions shall be submitted to and approved by the Community Development Department and the City Attorney. The applicants shall be responsible for costs associated with the review of these documents. A copy of the final documents shall be submitted to the Community Development Department within five (5) days after their recordation. CC&Rs shall include, but not be limited to, the following: Exhibit A City Council Resolution 01-31 April 2, 2001 Page 3 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. "Association" bylaws shall be established, if required. Co Provisions for effective establishment, operation, management, use, repair, and maintenance of all building and site improvements including landscaped areas, walls and fences, private roadways (i.e., walks, sidewalks, trails), and trash enclosures for the two proposed parcels shall be included. P,, Membership in the "Association," if required, shall be inseparable from ownership in individual lots. Eo Maintenance standards shall be provided for applicable items listed in Section C above in the CC&Rs. Maintenance standards shall include, but not be limited to~ the following' 1. All building and site improvements contained within the two 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. ,, All private driveways 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. All buildings and .site improvements contained within the two proposed parcels shall be maintained in such a manner as to avoid the reasonable determination of a Exhibit A City Council Resolution 01-31 April 2, 2001 Page 4 4. 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 causes 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 reciprocal parking, access, and circulation agreement required by Condition 1.6 of this Resolution shall be described and included within the CC&Rs. An assigned parking plan may be submitted for review and approval by the Community Development Director. G. All utility services serving the site shall be installed and maintained underground. H. The "Association," if required, 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. The "Association," if required, shall inform and disclose to all new members of the association upon purchase or a lease agreement on limitation of use of the shared access driveway and parking spaces. J. For the purposes of sign installation, the two properties would be entitled to one (1) monument sign per street frontage consistent with the Tustin Sign Code. K. Future expansions of any of the buildings would be subject to approval of a design review application by the Community Development Department and the applicable prevailing codes and regulations. L. No amendment to alter, modify, terminate, or change the Association's obligation to maintain the buildings and site improvements contained within the two parcels and the project perimeter wall or other CC&R provisions in which the City has an Exhibit A City Council Resolution 01-31 April 2, 2001 Page 5 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 two properties and the project perimeter wall and improvements, shall be effective without prior written approval of the Community Development Department. ORANGE COUNTY FIRE AUTHORITY (5) 4.1 Prior to recordation of Final Parcel Map 2000-219, the applicant shall obtain all necessary approvals from the Orange County Fire Authority. FEES The applicant shall submit to the City of Tustin a CC&R review fee 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. 5.2 Within forty-eight (48) hours of approval of the subject project by the City Council, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $43.00 (forty-three dollars) to enable the City to file the appropriate environmental documontation for the project.. If within such fort¥-ei~ht (48) hour period that applicant has not doliYered 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,: 1 2 3 4 s 6 a 9 to 11 12 13 14 15 19 20 21 22 23 24 2s 26 27 28 ~. ; City Council Resolution 01-31 April 2, 2001 Page 3 P. Recordation of comprehensive Covenants, Conditions, and Restrictions as provided in Finding "O" above will satisfy and be in lieu of any requirement to form a "Property Owners' Association" for the performance of any condition of approval. The City Council hereby resolves and approves Final Parcel Map 2000-219 to combine three existing lots totaling 30,636 square feet located at 12569 Newport Avenue into two lots of 12,398 square feet and 18,238 square feet for the purpose of developing two medical/general office buildings, 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 2nd day of April, 2001. pp ~,/~ 1,~ ~ RACY I S WORLEY /~ I/ /1 MAYOR PAMELA STO 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. 01-31 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of April, 2001, by the following vote: COUNCILMEMBERAYES: COUNCILMEMBER NOES: COUNCILMEMBERABSTAINED: COUNCILMEMBERABSENT: PAMELA STOKE CITY CLERK WORLEY, THOMAS, BONE, KAWASHIMA NONE NONE DOYLE