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HomeMy WebLinkAbout02 CUP 07-020ITEM #2 II Report to the mc,�,V� Planning Commission DATE: JANUARY 8, 2008 SUBJECT: CONDITIONAL USE PERMIT 07-020 (CONTINUED ITEM) APPLICANT: DR. ASHOK MEHTA 13711 NEWPORT AVENUE, SUITE 11 TUSTIN, CA 92780 OWNER: DR. SID MIRRAFATI MIRA PROPERTIES, LLC 685 NYES PLACE LAGUNA BEACH, CA 92651 LOCATION: 740 EL CAMINO REAL ZONING: CENTRAL COMMERCIAL (C-2), WITH COMBINING PARKING DISTRICT (P) ENVIRONMENTAL STATUS: THIS PROJECT IS STATUTORILY EXEMPT PURSUANT TO THE PROVISIONS OF SECTION 15270 (PROJECTS WHICH ARE DISAPPROVED) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: TO ESTABLISH A DENTAL OFFICE WITHIN AN EXISTING BUILDING FRONTING ONTO EL CAMINO REAL RECOMMENDATION That the Planning Commission adopt Resolution No. 4079, denying Conditional Use Permit (CUP) 07-020 to authorize a dental office located at 740 EI Camino Real. Resolution No. 4079 has been modified since the December 11, 2007 meeting. BACKGROUND The item has been continued from the December 11, 2007, Planning Commission meeting. Correspondence and a Public Records Act Request have been submitted by representatives of the property owner, and the item was continued to give the Planning Commission and City staff time to review and respond to this material. This staff report includes and addresses correspondence between the property owner's counsel and the Planning Commission Report CUP 07-020 January 8, 2008 Page 2 City. Please refer to the staff report ("the Report") dated December 11, 2007, for project specific full details (Exhibit A) as they may not all be reiterated herein. Project Proposal The applicant is requesting approval to establish a dental office in a stand-alone building located at 740 EI Camino Real, also known as Assessor Parcel Number (APN) 401-641- 01. The subject property is located within the Central Commercial (C-2) zoning district, where professional offices fronting onto Main Street or EI Camino Real and located within the Old Town Commercial General Plan land use designation are conditionally permitted, subject to criteria established in Tustin City Code Section 9233(y). The General Plan designation is Old Town Commercial, which allows for retail, professional office, and service-oriented business activities to serve Old Town and surrounding areas. DISCUSSION Letter Dated December 11, 2007 A letter ("the Letter') dated December 11, 2007 was submitted to the City of Tustin Planning Commission and Director of Community Development by Elizabeth L. Martyn and John Paul Glowacki of McCormick, Kidman & Behrens, LLP on behalf of their client Sayed Mirrafati, M.D., in reference to Conditional Use Permit (CUP) 07-020 on the December 11, 2007, Planning Commission Agenda (Exhibit B). The Letter addresses the Planning Commission Staff Report relative to the project. In part, the Letter indicates that: the property (740 EI Camino Real) has housed an engineering firm, osteopathic doctor, and chiropractor; the property was built as and continues to function as an office, and it is unlikely that those who wish to use or purchase the building will use it differently. Staff Response: City Business License records for the property do not confirm any of the above mentioned uses with the exception of a chiropractor business. The last business license issued for this property was for EI Camino Chiropractic in 1995. Contrary to what the Letter indicates about the likely use of the property, in a December 5, 2007, meeting with the City staff, the property owner acknowledged that he has received several offers to purchase or lease the property over time, including interest from a coffee house and a salon, which would have served as a retail and/or service retail. In part, the Letter states that the City indicated for a year that they would work with Dr. Mirrafati and that his failure to utilize the property is a result of staff "working with" him. Staff Response: Staff worked with the property owner on a proposal to redevelop the property. The City, specifically the Community Development Department and Redevelopment Agency staff, reviewed a preliminary proposal submitted by the property owner and offered a response in a letter dated August 2, 2004 (Exhibit C). Planning Commission Report CUP 07-020 January 8, 2008 Page 3 This letter issued by the Community Development Department encouraged the property owner to submit further conceptual plans and that staff was willing to provide additional guidance in developing a formal submittal. It was the sole decision of the property owner not to proceed with the project, and no formal application was submitted by the property owner. Furthermore, in 2006, a Conditional Use Permit (CUP 06-014) for a tutoring and counseling facility including associated administrative offices for children and adults (Tutorwhiz), not an office use, was submitted and approved (Exhibit D), thus further invalidating the continuance of the property as an office use. Schools are conditionally permitted within the C-2 District. The CUP 06-014 was approved on October 9, 2006, and received a business license on June 5, 2007. The property owner signed the application stating that the information on the application was true and correctly represented (Exhibit D). • The Letter refers to a City requirement in 2006 that the property need be at least fifty percent (50%) retail to operate at the subject location as being imposed by an ordinance effective October 18, 2006. Staff Response: At the time of application submittal for CUP 06-014 in 2006, the 50 percent retail requirement was the existing code requirement, effective since the initial adoption in 1983. The code at the time required the following for all properties in the C-2 District: o An office use is permitted to locate within the C-2 zoning district if: the use is located on any floor above the ground floor; and, occupies less than fifty (50) percent of the total floor area. o An office use may also be permitted anywhere in a building where a Conditional Use Permit was granted. o An office use can be conditionally permitted if: it is located on the ground floor or in more than fifty (50) percent of the total floor area of a building; and, the Planning Commission determines that the office use would be more beneficial than a retail establishment. o These provisions apply to construction of new office buildings and new office occupancies in existing buildings. The ordinance that became effective October 18, 2006, was less restrictive and only applies to offices in the C-2 zoning district fronting on to EI Camino Real or Main Street and is located within the City's Old Town Commercial General Plan land use designation, subject to specific criteria. • The Letter incorrectly states that Planning Staff administratively granted a CUP for Tutorwhiz before there was any retail requirement. Planning Commission Report CUP 07-020 January 8, 2008 Page 4 Staff Response: Consideration of a Conditional Use Permit application requires a public hearing. The Zoning Administrator through a public hearing process adopted Zoning Administrator Action (ZAA) 06-007 approving CUP 06-014 for a tutoring and counseling facility on October 9, 2006, with Condition 2.1 stating that the approval shall not commence before October 18, 2006, when Ordinance No. 1317 (C-2 office provision) becomes effective. Based on information provided with the formal application, the project was not considered to be primarily an office use, but a tutoring and counseling facility with ancillary offices, and as such was expected to bring pedestrian traffic to the area. Therefore, the Zoning Administrator was able to approve CUP 06-014 for a tutoring and counseling facility with its associated offices within an existing building. Any argument that staff was uncooperative with the property owner seems misleading as staff worked with the property owner in supporting and granting approval of the instructional use with ancillary offices at the property. • The Letter states that "the CUP remains in effect, but apparently staff does not consider the use to be `long-term."' Staff Response: A conditional use permit is an entitlement which is granted to the land and does not expire unless such a condition is placed on the approval; the approval for the tutoring facility CUP does not include a time expiration condition. The claim that staff does not consider the use to be long-term is unsupported by evidence or fact. Should "Tutorwhiz" choose to cease its business operation at this location, another tutoring facility could operate within the parameters of CUP 06- 014 or request an amendment thereto. • The Letter states that the property owner found another buyer for the property at a reduced price and entered into escrow, with a condition that Dr. Mehta be permitted to use the property for a dental practice. Staff Response: Based on prior interaction with the City regarding this property, the property owner was aware of the fact that a medical office use was not outright permitted at the subject location based on the letter that was provided in 2004 (Exhibit C). Furthermore, the applicant was also aware of the restriction as evidenced in the property profile submitted by the applicant which states that the City's confirmation is required for a possible medical use (Exhibit E). Regardless, the property owner and prospective buyer entered into escrow for purchase of the subject property, and Dr. Mehta submitted a request in writing requesting confirmation that a dental office could be established at the property in September 2007. The Community Development Department issued a zoning confirmation letter on October 12, 2007, indicating that the medical office use was not outright permitted there and explained the zoning code requirements and criteria that would need to be met in order to approve a conditional use permit for the office use (Exhibit F). This criteria is what is being applied in the review of the current application, CUP 07-020. In a subsequent meeting between the prospective buyer, his agent, and the Community Development Department, Planning Division staff explained the zoning code requirements and indicated that the proposed use is not Planning Commission Report CUP 07-020 January 8, 2008 Page 5 permitted outright and that staff may not be able to support a request to establish a dental office at the proposed location. However, Dr. Mehta decided to proceed with the project by submitting a formal application, which is now known as CUP 07-020 and is being heard before the Planning Commission. Staffs recommendation remains for denial, as outlined in the December 11, 2007, Report to the Planning Commission. The Letter dated December 11, 2007 also claims that the property owner has been denied any opportunity to review the planning file for the subject property. Additional correspondence dated December 19, 2007 was provided indicating the same (Exhibit G). Staff Response: This is not accurate. The City Attorney's office responded to the December 19 correspondence with a letter explaining the time and effort that was required for City staff to compile the files and records and confirming that the records were available for review and copying. The requests made were vast, non-specific and therefore difficult to respond to. Further, the property owner personally viewed the planning files for CUP 07-020 and CUP 06-014 on December 7, 2007, at the Community Development Department, and submitted a Public Records Act Request for several other records. The property owner's legal counsel spent multiple hours on several days reviewing City files and requesting copies. All requested copies were picked up by the applicant's legal counsel on December 26. Conditional Use Permit 07-020 was continued from the December 11, 2007 Planning Commission meeting to give staff time to review submitted correspondence regarding the item and to respond to the Public Records Request Act. The vast number of records was made available in relatively short period of time. The City Attorney's office of Woodruff, Spradlin & Smart issued a Notice of Determination in response to the Public Records Act on December 13, 2007 (Exhibit H). This letter explained which records were readily accessible and would be made available for review, and which requested items required further clarification in order to be provided. Subsequently, staff has made available the requested items and the property owner and his representatives have reviewed the materials and copied the records they selected. The Letter responds to several items discussed in the December 11, 2007, Report to the Planning Commission. The Letter indicates that a conditional use permit for an office use at this location is not required because the front entrance to the building faces on to EI Camino Way, not EI Camino Real. The Letter also states that "The City is aware that the property is not on EI Camino Real, since they asked to change the address from EI Camino Way." Staff Response: Staff believes that the property fronts on to EI Camino Real because the property has two street frontages, with one of them facing along EI Camino Real (Please refer to the Map in Attachment A of the Planning Commission December 11, 2007 staff report). The address was changed from 730 EI Camino Real to 740 El Camino Real in 2005 by the City's Public Works Department. The Planning Commission Report CUP 07-020 January 8, 2008 Page 6 address change was not initiated by the City, but rather was a response to a citizen request by the property owner of the building at 730 EI Camino Way, due to confusion by the Post Office and Assessor's Office regarding 730 EI Camino Way and 730 EI Camino Real. As a result, the subject property's was assigned a new address on El Camino Real which does not also exist on EI Camino Way (Exhibit 1). It should be noted however that the Assessor Office property information listed the property as 605 EI Camino Real (The City issues addresses within its jurisdiction). Further, the Letter discusses how the proposed project meets the requirements to obtain a CUP. The Letter claims that "The Report flatly errs in stating that office use lapsed for more than twelve (12) months after adoption of the new retail requirements, as the tutoring and counseling business with its minimal retail area is certainly a predominantly office use as opposed to retail and was granted weeks before the new ordinance took effect." Staff Response: The office use provision was first established in 1983 and applied to any properties zoned C-2, as discussed earlier in this report. The ordinance that took effect in 2006 provided additional flexibility. The last business license issued for this property was for EI Camino Chiropractic in 1995. Further, the property owner signed the development application for the establishment of a tutoring facility and administrative offices and signed the Agreement to Conditions of Approval imposed on the tutoring facility project. The application was signed as being true and correctly represented (Exhibit D). Section 9273 (Nonconforming Structures and Uses) of the Tustin City Code states, "If any use is wholly discontinued for any reason except pursuant to a valid order of a court of law for a period of one (1) year, it shall be conclusively presumed that such use has been abandoned ... and all future uses shall comply with the regulations of the particular district in which the land or building is located." If the property owner had continued the office use within one (1) year of the past office use, the office use would be considered to be non -conforming. However, since the use lapsed for more than one (1) year, with the discontinuation of the prior office use and the establishment of a tutoring facility, a new office use cannot be reestablished under this code section. It should be noted that the Code allows a building with no structural alterations made therein to be changed to another use of the same or more restrictive classification upon the securing of a use permit (alteration will be necessary to transform the use from a tutoring facility to a dental office i.e. plumbing improvements). However, granting a use permit to allow such a use would extend the non -conforming status of the property indefinitely, and does not further the land use goals of the City General Plan, as discussed in the Staff Report dated December 11, 2007. The intent of the non -conforming provisions in the City's zoning code is to permit the continuation or maintenance of a building and/or use to enjoy the benefit of a prior right/regulation until such time that a building and/or use is no longer used for the prior purpose, at which time the use and/or building should be brought into compliance with current codes. The provisions related to retail use on the ground Planning Commission Report CUP 07-020 January 8, 2008 Page 7 floor dates back to 1983 in one form or fashion. To further the non -conformity of a use and/or building may not meet the intent or purpose of a non -conforming code section and may set a precedent for other nonconforming sites when the use has been discontinued and the desire is to reestablish a non -conforming use contrary to the standards sets forth in the Zoning Code and goals and objectives of the General Plan. Again, with respect to the tutoring and counseling business, the tutoring and counseling facility was approved as a tutoring and counseling facility for children and adults along with its associated offices. The approval under Zoning Administrator Action 06-007 clearly stated that the authorization is for the establishment of a tutoring and counseling facility including associated administrative offices for children and adults (Exhibit D). The Letter concludes that the nonconforming use as such should be grandfathered into compliance. However, the instructional facility is not the same use as a medical office and therefore the existing CUP is not applicable to the currently proposed use (dental office). Schools are conditionally permitted uses which are not subject to the restrictions placed upon ground floor office uses on EI Camino Real. • The Letter continues by addressing the criteria applied from Tustin City Code Section 9272(y)(2). It states that the subject building was designed for office use and has been used exclusively for office use since at least 1972, as acknowledged by the Report. Staff Response: The Report does not acknowledge that the building was originally designed and exclusively used for office use, since this is unknown. Only two (2) business license records exist for the property prior to Tutorwhiz, for a mortgage business which license expired in 1989 and a chiropractic business which license expired in 1995. Therefore it is unknown if the building "has been used exclusively for office use since at least 1972." Regardless, the previous professional office use ended in 1995 (per City's Business License records). In part, in response to Subsection (y)(2)(b), the Letter states that "The Report's conclusion that the building is `a prime location for a retail establishment' is directly contradicted by the numerous potential purchasers and experts." Staff Response: As discussed earlier, Dr. Mirrafati indicated that he had been approached by more than one retailer and/or service provider to purchase or lease the property. • In part, in response to Subsection (y)(2)(c), the Letter states that the Report explicitly acknowledges that the current use is as an office and that the building's design and orientation are best suited to office use. Staff Response: The December 11, 2007, Report does make these findings. The Report rather indicates that the building may be amenable to a retail use with the addition of storefront elements. Planning Commission Report CUP 07-020 January 8, 2008 Page 8 In part, in response to Subsection (y)(2)(d), the Letter states that dental offices are commonly found in mixed use retail plazas. Staff Response: Staff concurs and often multi -tenant centers are appropriate locations for this type of use. However, the subject property is a stand-alone building not located within a center. In part, the Letter states that staff appears to have delayed and then refused to grant a CUP to prevent a long-term use of the property, claiming that "the suggestion of an improper motivation for denying the requested CUP is palpable," and that "pre -condemnation steps" are being taken to drive down the value of the property. The Letter claims long time delays, inconsistent answers, intentional misinterpretation of Code requirements, and denial of access to public records. Staff Response: No evidence exists in support of these severe claims. The Ordinance requiring ground floor retail has been in effect since 1983. A less restrictive ordinance was adopted in 2006. The ordinance was in effect when the owner purchased the property. Dr. Mirrafati was further advised of this requirement in 2004 (Exhibit C). Dr. Mehta was advised of the same in October, 2007 (Exhibit F) and chose to proceed to submit an application. The project at hand was scheduled for public hearing less than six (6) weeks after submittal of the formal application. Conditional Use Permit applications require public hearings and associated notice. These requirements cannot be waived. Staff has maintained consistency in responding to the property owner and prospective buyers that the proposed use requires a CUP and may not be able to be supported by staff. The Report outlines staffs interpretation of the Code with supporting evidence. • The Letter also suggests that the City intends to condemn and redevelop the property. Staff Response: This claim has no basis in fact and no supporting evidence. The Redevelopment Agency does not currently have any plans involving the subject property nor does the City. Additional Submitted Items In addition to the letter submitted December 11, 2007, a letter dated December 10, 2007, was also submitted by McCormick, Kidman & Behrens (Exhibit J), which is similar to the December 11th letter discussed in this report. A letter dated December 20, 2007, was submitted by Jigar Shah of Century 21, on behalf of the applicant, Dr. Ashok Mehta, with information relative to the sale of the property (Exhibit K). A letter dated December 7, 2007, was also submitted by the Chamber of Commerce expressing their views that the project site should include retail use on the ground floor level to complement nearby retail establishments (Exhibit L). Planning Commission Report CUP 07-020 January 8, 2008 Page 9 CONCLUSION City staffs recommendation on a project is based on the merits of the proposal and code requirements. The Planning Commission is the decision making body and votes based on the facts, materials, testimonies provided at the hearing, and their analysis of the project. A staff recommendation of denial is not a denial in and of itself, nor is it a pre - condemnation of a property. Staff recommends that the Planning Commission conduct a public hearing and make a determination. Reina Kapadia Elizabeth A. Binsack Assistant Planner Director of Community Development Exhibits: A. Report to the Planning Commission, December 11, 2007 B. Letter from McCormick, Kidman & Behrens, LLP, dated December 11, 2007 C. Letter from City of Tustin Community Development Department, dated August 2, 2004 D. Zoning Administrator Report dated October 9, 2006 and CUP 06-014 Application related materials. E. Property profile information submitted by applicant December 11, 2007 F. Zoning Confirmation letter to Dr. Mehta dated October 12, 2007 G. Letter from McCormick, Kidman & Behrens, LLP, dated December 19, 2007 H. Letter from Woodruff, Spradlin & Smart, dated December 13, 2007 I. Address Change Letter J. Letter from McCormick, Kidman & Behrens, LLP, dated December 10, 2007 K. Letter from Jigar Shah, dated December 20, 2007 L. Letter from Tustin Chamber of Commerce dated December 7, 2007 M. Revised Resolution No. 4079 N. Letter from Woodruff, Spradlin & Smart dated December 21, 2007 SACdd\PCREP0R-82008\CUP 07-020 (740 ECR) - continuafion.doc Exhibit A Report to the Planning Commission, December 11, 2007 ITEM #5 I Report to the Planning Commission DATE: DECEMBER 11, 2007 SUBJECT: CONDITIONAL USE PERMIT 07-020 APPLICANT: DR. ASHOK MEHTA 13711 NEWPORT AVENUE, SUITE 11 TUSTIN, CA 92780 PROPERTY OWNER: DR. SID MIRRAFATI MIRA PROPERTIES, LLC 685 NYES PLACE LAGUNA BEACH, CA 92651 LOCATION: 740 EL CAMINO REAL ZONING: CENTRAL COMMERCIAL (C-2), WITH COMBINING PARKING DISTRICT (P) ENVIRONMENTAL STATUS: THIS PROJECT IS STATUTORILY EXEMPT PURSUANT TO THE PROVISIONS OF SECTION 15270 (PROJECTS WHICH ARE DISAPPROVED) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: TO ESTABLISH A DENTAL OFFICE WITHIN AN EXISTING BUILDING FRONTING ONTO EL CAMINO REAL RECOMMENDATION That the Planning Commission adopt Resolution No. 4079, denying Conditional Use Permit (CUP) 07-020 to authorize a dental office located at 740 EI Camino Real in the Central Commercial (C-2) zone and fronting on to EI Camino Real. BACKGROUND The applicant is requesting approval to establish a dental office in a stand-alone building located at 740 EI Camino Real, also known as Assessor Parcel Number (APN) 401-641- 01 (Attachment A — Location Map). The subject property is located within the Central Commercial (C-2) zoning district, where professional offices fronting onto Main Street or EI Planning Commission Report CUP 07-020 December 11, 2007 Page 2 Camino Real and located within the Old Town Commercial General Plan land use designation are conditionally permitted, subject to criteria established in Tustin City Code Section 9233(y) (Attachment B). The General Plan designation is Old Town Commercial, which allows for retail, professional office, and service-oriented business activities to serve Old Town and surrounding areas. Site and Surrounding Properties The site is located at the Y -intersection of EI Camino Real and EI Camino Way. The site surroundings include retail and commercial uses on all sides. EI Camino Plaza is located at the west, Tustin Motor Lodge and Makena Square to the south, Galaxy Automotive to the north, and a retail strip center to the east. Public Noticing A public hearing notice identifying the time, date, and location of the public hearing for the proposal was published in the Tustin News on November 29, 2007. Property owners within 300 feet of the site were notified of the hearing by mail; a hearing sign is posted on the site; and, the hearing was posted at City Hall on November 29, 2007. DISCUSSION Project Description The proposed site is improved with an existing single -story, 1,757 square foot building that was relocated to the City in 1972. The applicant proposes to operate his dental practice at the property, which will involve dental care services, orthodontic work, as well as a small retail area to sell and market whitening products, videos for dental hygiene, and dental operatory chairs. The proposed use would require extensive interior plumbing remodel work to the building. The retail area will occupy around 180 square feet, which constitutes approximately 10 percent of the floor area of the facility (Attachment C — Submitted Plans). The proposed hours of operation are 9:00 a.m. to 6:00 p.m. Monday through Friday. The anticipated number of employees is five (dentist, two dental assistants, receptionist, and front office dental secretary). Permitting Requirements The provision relating to office uses within the C-2 district was initially adopted in 1983. The intent of the office use provision was to encourage retail establishments on the ground floor, particularly in Old Town. After a series of interim ordinances adopted by the City Council and workshops held by the Planning Commission, the new office use provision (Code Amendment [CA] 06-004) was recommended for approval by the Planning Planning Commission Report CUP 07-020 December 11, 2007 Page 3 Commission on August 14, 2006, and adopted by the City Council on September 18, 2006. Section 9233(y) of the TCC lists professional and general offices fronting onto Main Street and EI Camino Real and located within the Old Town Commercial General Plan land use designation (which the proposed project qualifies as), as a conditionally permitted use in the C-2 zoning district. However, the office development must meet certain specific criteria outlined in that section. ANALYSIS In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City and the criteria set forth in TCC 9233(y). A decision to deny this request may be supported by the inability to positively make the following findings: A. Pursuant to Tustin City Code Section 9233(y)(1), professional offices proposed at the ground floor level shall not be approved unless the approving authority finds, based on supporting documentation and evidence, that an office use would be more compatible with the existing and planned uses in the vicinity than a retail commercial use on the subject property and that an office use would be more beneficial in implementing applicable land use policies such as the Tustin General Plan, Tustin City Code, and any Tustin Community Redevelopment Agency Project Area Redevelopment Plan than a retail commercial use on the subject property. While some of the documentation may support approval of the conditional use permit, insufficient and/or inconclusive evidence exists to meet finding requirements that an office use would be more compatible than a retail commercial use on the subject property. In addition, approving an office use would not be more beneficial in implementing applicable land use policies such as the City Code and General Plan, as outlined below. B. Pursuant to Tustin City Code Section 9233(y)(2), approval of professional and general office uses shall meet one or more of the following criterion: a. The proposed use is to be located in an existing building originally designed, built, and occupied as offices or converted to office uses pursuant to an approved building permit. The original building permit does not exist, but records dating back to 1972 indicate that the building has been occupied as an office since the building was Planning Commission Report CUP 07-020 December 11, 2007 Page 4 relocated to and first occupied in Tustin. However, the office use has lapsed for more than twelve (92) consecutive months. On October 9, 2006, the Zoning Administrator approved CUP 06-094, permitting a tutoring and counseling facility including a retail area, which currently occupies the building. b. The proposed use is to be located in an existing building that because of its design and orientation is impractical to modify or alter to accommodate retail establishments. The existing building's site and orientation at the prominent crossroads of El Camino Real and El Camino Way at the entry to Old Town Tustin make it a prime location for a retail establishment. The property, with minor modifications, presents a significant potential for retail uses or for redevelopment of the site to accommodate retail at least at the ground floor. Approving another office use at this location would lengthen the non- conforming use indefinitely and hinder the potential for retail or redevelopment. c. The proposed use is to be located in an existing building requiring significant reconstruction that is not economically feasible or practical to accommodate retail establishments. The existing building, with some modifications, could be suitable to accommodate service-oriented retail uses that are outright permitted in the C-2 zone. The building is currently oriented towards the interior of the lot, but the addition of some storefront elements along the elevation on El Camino Real could feasibly transform the structure to accommodate retail by capitalizing upon its corner location. However, establishment of a dental office at this location would necessitate tenant improvements to the building, thereby impairing the opportunity for retail at this location in the reasonable and foreseeable future. d. The proposed use is to be located in a multi -tenant retail center and is ancillary but complementary to the remaining mixed uses with respect to type of use, hours of operation, convenience, and parking demand. This criterion is not applicable, since the proposed use is to be located in a single -tenant building. However, the site is located adjacent to El Camino Plaza and other shopping centers, which feature a large variety of retail commercial operations. e. The proposed use is determined to be beneficial, complementary, and compatible with surrounding neighborhood and nearby retail establishments. The subject property is located within the Old Town Tustin District, which is a walkable neighborhood district. The intent of the office provision in the C-2 Planning Commission Report CUP 07-020 December 11, 2007 Page 5 zoning district is to encourage pedestrian activity in the area. Although the applicant has indicated that the dental office use would bring increased foot traffic to the area, the nature of the patron for this type of activity is more single - use oriented than a multi -trip retail customer that might visit a travel agency or bank, or drop off children at a tutoring facility, for example. The proposed use is not complementary to surrounding retail establishments in that office uses do not encourage pedestrian activity in the neighborhood in the same way that retail or service-oriented uses do. C. The proposed project must be determined to be in conformance with the City's General Plan. The project as proposed appears to be in direct conflict with the following policies set forth in the Land Use Element of the General Plan: a. Policies 1.2 and 10.6: Provide for and encourage the development of neighborhood -serving commercial uses in areas of Tustin presently underserved by such uses. Encourage the integration of retail or service commercial uses on the street level of office projects. The project proposal is for a dental office to fully occupy a single -story building located in an area identified for retail commercial uses. The Old Town neighborhood has been recognized by the City Council and Chamber of Commerce as underserved by retail commercial uses. The proposed use does not further the land use goals set forth in the General Plan because it does not fill a land use need of the neighborhood. CA 06-004 was adopted to address this deficiency and encourage much-needed retail uses in the heart of Old Town Tustin. The City's zoning code and general plan provide for several areas throughout the City where professional offices may locate. Dental offices are permitted outright in the Professional (Pr), Retail Commercial (C-1), and Commercial General (CG) zoning districts, as well as in the Central Commercial (C-2) district when not fronting on to Main Street or El Camino Real and located outside of the Old Town Commercial General Plan land use designation. 0 � Reina KapadiaElizcli 11111i abeth A. Bines sack Assistant Planner Director of Community Development Attachments: A. Location Map B. TCC Section 9233 (Central Commercial District) C. Submitted Plans D. Resolution No, 4079 SACdd\PCREP0RT\2007\CUP 07-020 (740 ECR).doc Attachment A Location Map LOCATION MAP PROJECT NO.: CUP 07-020 ennoeec. TAn 01 - Attachment B Tustin City Code Section 9233 TUSTIN CITY CODE ZONING 9233 The planning commission may Prescribe the amount of parking for uses not listed herein. (Ord. No. 963, Sec. 2B, 1-20-86) (g) Driveways: Subject to Subsection 9271 bb. (Ord. No. 1240, Sec. 2, 8.6-01) d Use Criteria --Office Development (1) Office developments within the Retail Commercial District (C-1) shall be constructed to conform with the parking standards for retail commercial uses on the first floor area of the building unless otherwise specifically exempt Pursuant to the approved conditional use permit (2) Findings, includin& but not limited to the following, shall be made by the Planning Commission prior to approving a conditional use permit for construction of a building where greater than fifty (60) percent of the total floor area, or any portion of the ground floor area is designated for occupancy by Professional or general offices; (a) Development or construction of professional or general office buildings would be more compatible with surrounding .uses m the area than permitted retail commercial uses on the subject property. (3) Development or construction of buildings restricted to a mixture of uses in which the retail commercial flow area exceeds gfly (50) percent of the total floor area is exempt from office development use criteria. (Ord, No. 157, Sec. 4.7; Ord. No. 896, Sec. 4, 11-21-88) 9233 CENTRAL, COMMERCIAL DISTRICT (G2) a Permitted Uses The following uses, or unlisted uses which, in the opinion of the Community Development Director and/or Planning Commiodoz, are resolved to be similar, will Central Commercial District„ only be allowed is the (Ord. No. 1817, Sec. II, 9-18-06) (1) All user allowed in the C-1 District, subjed to the development and use criteria specified in Section 9232. (a) Reserved (b) Bakeries (c) Bowling alleys (d) Food shops (e) Mortuaries (i1 Nurseries REV 1-2007 LU -2-39 TUSTIN CITY CODE ZONING 9283 (g) Professional and general offices not fronting onto Main Street or EI Camino Real or located outside the Old Town Commercial General Plan land use designation. (Ord. No. 1241, Sec. 1, 7-2-01; Ord. No. 1242, Sec. 2,8-13-01; Ord. No. 1261, Sec. 2, 5-20-02; Ord. No. 1317, Sec. H, 9-18-06) (h) Public utility buildings and uses (except corporation yards) (i) Radio stores (j) Restaurants (k) shoe shops (1) Studios (Ord. No. 175, Sec. 5; Ord. No. 888, Secs. 1(a), 5, 6, 8-1-88) b Development Standards (1) Maximum height: 50 feet (2) Minimum building site: 200 (square feet] (3) Maximum lot coverage: 100 percent, less parking and landscaping requirements, subject to General Provisions. (4) Minimum front yard setback: None, 10 feet when frontage abuts a lot in an "R - District, unless otherwise shown on Zoning Map. (5) Minimum side yard setback: None, 10 feet when side abuts on a lot in an "R" District. (6) Off-street parking.- As specified for "C-1" Zone. The planning commission may prescribe the amount of parking for uses not listed herein. (Ord. No.157, Sec. 4.8, Ord. No. 293, Sec. 2(b) and 3) (7) Driveways: Subject to Subsection 9271 bb. (Ord. No. 1240, Sec. 2, 8-6-01) c Conditionally Permitted Uses The following permitted uses subject to a use permit: (a) Adult book stores (a.1) Amusement resorts, arcades and private recreational facilities, and video and vending machines and other such contrivances in excess of five (5) which are identical to the principal business. (b) Smallanimal hospitals or clinics with one (1) caretaker apartment incidental thereto. (1) Off-street parking: 4 spaces per doctor plus one (1) space for each additional employee. (Ord. No. 340, Sec. 2; Ord. No. 352, Sec. 4) (c) Auto repair shops. (d) Billiard parlors and pool halls (1) Off-street parking: one (1) parking apace per 100 square feet of floor space. (Ord. No. 314) REV. I -2W LU -2-40 TUSTIN CITY CODE ZONING 9233 (e) Churches, schools and public uses (f) Cleaning and dyeing establishments (g) Drive-in establishments for permitted uses (h) Figure model studios (i) Garages, public (j) Hotels and motels W Laundries and launderettes (Ord. No. 699, Sec. 2) (1) Massage establishments (Ord. No. 699, Sec. 2) (m) Nursery school (1) Maximum height: 30 feet (2) Minimum building site: 10,000 square feet (3) Minimum lot width at property line: 100 feet (4) Minimum firout yard. setback: None, 10 feet when firontags abuts a lot in an "- District. unless otherwise shown on Zoning Map (b) Minimum side yard setback: None„ 10 feet when side abuts on a lot in an "W District (6) Off-street parking. One (1) space for each muffmember plus one (1) loading space for each eight (8) children. Loading spaces shall be located for each circulation and shall not interfere with other required parkwe. (7) Building requirements and indoor and outdoor space required per child are established by the City of Tustin Uniform Building Code and by the State Department of Social Welfare. (8) Outdoor play areas shall be screened Ecom surrounding properties by a 6'8' high solid wall or fence, except when play areas abut public park or playfiW& (9) Structures proposed for use as a day nursery or., a nursery school shall be inspected and approved by the Fire Department prior to occupancy. (Ord. No. 372, Secs. 3 and 4) (10) Driveways: Subject to Subsection 9271 bb. (Ord. No. 1240, Sec. 2, 84-01) (n) Outdoor markets and outdoor sales establishments (o) Pet shops (p) Rest homes (q) Secondhand sales (r) Service stations (Ord. No. 311) (s) Used car sales lots (t) Other uses which in the opinion of the Planning Commission are of a similar nature RKV 1'2W LU -2-41 TUSTIN CITY CODE ZONING 9233 (u) Reserved (v) Alcoholic beverage sales establishments subject tothe, following criteria.- and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments, Off-site alcoholic beverage sales located in a building and permitted business with less than 15,000 square feet of gross floor area and permitted businesses with more than 15,000 square feet of gross floor area when the off-site alcoholic beverage sales area within the building occupies more than 10 percent of the gross floor area, subject to the following minimum distance regulations: (1) 300 feet from any other residentially zoned or used property. 500 feet from any existing off-site sales establishment. 600 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care lscdity or convalescent hom s. 600 feet ficin existing on-site sales establishments, except restaurant establish - meats. (2) Minimum distances between off-site sale establishmeab and; residentially zoned or used property, churches, places of worship, public or private schools, parks, Playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be computed by measuring the distance frown the closest entry/exit provided for publicteustomer access of the off -ate establishment to the property line of any of the above uses, whether inside or outside the city boundaries. (3) Minimum distances between off-site sales establishment and another off -sits or on-site sales establishment, except restaurant establishments whether inside or outside city boundaries shall be computed by measuring the distance between the closest exterior stsucturid walls of each use. (4) Specialty stores as defined in Section 9297 of the Tustin City Code shall be exempt from minimum distance regulatim& (Ord. No. 1287, Sec. 2, 6-"1) On-site alcoholic beverage sales establishments except restaurant establishments subject to the following minimum distance ; (1) 1,000 feet from any residentially zoned or used property. 1,000 feet from any other existing on-site except for restaurant establishments or off-site sales establishments. 1,000 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. (2) Minimum distances between on-site sale establishments except for restaurant establishments and; residentially zoned or used property, churches, places of worship, public or private schools, parka, playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be computed by measuring the distance from the closest exterior wall ofthe on-site establishment to the property line of any of the above uses whether inside or outside the city boundaries. REV. 1-2007 LU -2-42 TUSTIN CITY CODE ZONING 9293 (3) Minimum distances between on-site sales establishments and another off-site or on-site sales establishment except restaurant establishments whether inside or outside city boundaries shall be computed by measuring the distance between the closest exterior structural walls of each use. (Ord. No. 920, Sec. 2, 11-19-84, Ord. No. 981, Sec. 4, 8-4-87; Ord. No. 1101, Sec. 1F, 11-16-92; Ord, No. 1161, Sec. 1B, 1-2-96; Ord. No. 1230, 12, 6-19-00) (w) Bowling alleys (x) Hotels and motels (y) Professional and general offices fronting onto Main Street or EI Camino Real and located within the Old Town Commercial General Plan land use designation, subject to the use criteria for office development provided herein: (1) Professional and general offices proposed at the ground floor level or that are greater than fifty (50) percent of the total building floor area shall not be approved unless the approving authority finds, based on supporting documenta- tion and evidence, that an office use would be more compatible with the existing and planned uses in the vicinity than a retail commercial use on the subject property and that an office use would be more beneficial in implement applicable land use policies such as the Tustin General plan, Tustin City Code, and any Tustin Community Redevelopment Agency project Area Redevelopment Plan than a retail commercial use on the sutdect property. (2) Approval of professional and general office uses shall meetone(1) or more of the following criterion: a. The proposed use is to be located in an existing building originally designed, built, and occupied as offices or converted to offios use int to an approved building permit, b. The proposed use is to be located in an existing building that because of its design and orientation is impractical to mood* or alter to accommodate retail establishments. c. The proposed use is to be located in an existing building requiring signifi- cant reconstruction that is not economically feasible or practical to accom- modate retail establishments. d. The proposed use is to be located in a multi -tenant retail center. and is ancillary but complementary to the remaining mixed uses with respect to type of use, hours of operation, convenience, and parking demand. e. The proposed use is determined to be bene$cK complementary. and compatible with surrounding neighborhood and nearby retail establish- ments. (Ord. No. 1242, Sec. 3, 8-13-01; Ord. No. 1251, Sec. 2, 5-20-02; Ord. No. 1317, Sec. A 9-18-06) (z) Fortune-telling businesses as defined by Section 3811 of the Tustin City Code. rEw. 1-2M LU -2-43 TUSTIN CITY CODE ZONING 9233 (aa) Convenience stares. (Ord. No. 981, Sec. 3, 5-4-87) (bb) Bulk vending machines, subject to standards contained in the C-1 District regulations, Section 9232b. (Ord. No. 993, Sec. 6, 9-8.57) (cc) Large collection facilities, subject to standards contained in the C-1 District regula- tions, section 9232a.2. (Ord. No. 993, Sec. 7, 9-&87) (dd) Adult entertainment booking agency, as defined in section 3731 of this Code. (Ord. No. 176, Sec. S; Ord. No. 699, Sec. 2; Ord. No. 888, Secs. 1(6), 7, 8-1-83; Ord. No. 968, Sec. 2, 1-20-86; Ord. No. 1170, Sec. 2, 64-96) (ee) Specialty stores. (Ord. No. 1237, Sec. 2, 6-4-01) 01) Reserved. (Ord. No. 1261, Sec. 2, 6-20-02) d Development Standards for Conditionally Permitted Uses (1) As specified in section 9233b above, unless otherwise indicated, with rear yard and off-street parking requirements as specified in the use permit. (2) Hotel off-street parking requirement is 1 space for each 2 guest rooms. (Ord No. 293, Sec. 3) e Reserved (Ord No. 157, Sec. 4.8; Ord. No. 896, Sec. 8, 11-21-83; Ord. No. 1241, Sec. 2, 7-2-01; Ord No. 1242, Sec. 4, 8-13-01; Ord. No. 1261, Sec. 2,5-204)2; Ord No. 13,17, Sec. IL 9-18-06) 9234 HEAVY CON M IERCUI DISTRICT (C-3) a Permitted Uses None but the following uses, or uses which in the opinion of the.Planning Commission are similar, will be allowed in the Heavy Commercial Diatiict (C-3). (1) All uses listed in the C-2 District, except schools, churches and outdoor sales establishments (2) Electronic plants within a budding (3) Research plants (4) Secondhand sales within a building (6) Wholesale stores and storage within a building (6) Off-site alcoholic beverage sales located within a building and permitted business with at least 16,000 square feet of gross floor area and where the alcoholic beverage sales area within the building occupies no more than 10 percent of the gross floor area (Ord. No. 1101, Sec. 1B,• 11-16-92) RE 1'2007 LU -2-44 b Development Standards for Permitted Uses (a) Maximum height: 80 feet (b) Minimum building site: 2,000 square feet RM 1-2007 LU -2-44.1 Attachment C Submitted Plans d Z zWE i C J ,u—,L 7 C Z O Q W O Z U� Q T T Attachment D Resolution No. 4079 RESOLUTION NO. 4079 A RESOLUTION OF THE PLANNING COMMISSION DENYING CONDITIONAL USE PERMIT 07-020 TO AUTHORIZE A DENTAL OFFICE LOCATED AT 740 EL CAMINO REAL IN THE CENTRAL COMMERCIAL (C-2) ZONE AND FRONTING ONTO EL CAMINO REAL The Planning Commission of the City of Tustin does hereby resolve as follows: A. That a proper application, Conditional Use Permit 07-020, was filed by Dr. Ashok Mehta, requesting authorization to establish a dental office in an existing stand-alone building at 740 EI Camino Real. That the property fronts onto EI Camino Real, is located in the Central Commercial (C-2) zoning district, and is designated as Old Town Commercial by the General Plan land use map; B. That a public meeting was duly called, noticed, and held for said application on December 11, 2007, by the Planning Commission; C. That the project is categorically exempt pursuant to Section 15270 (Projects Which are Disapproved) of the California Code of Regulations (Guidelines for the Califomia Environmental Quality Act); D. That pursuant to Tustin City Code Section 9233(y), professional and general offices fronting onto Main Street or EI Camino Real and located within the Old Town Commercial General Plan land use designation are conditionally permitted, subject to certain use criteria; E. That the Planning Commission has considered the matter and determined that the proposed project does not meet finding requirements needed to support the conditional use permit, in that: Pursuant to Tustin City Code Section 9233(y)(1), professional offices proposed at the ground floor level shall not be approved unless the approving authority finds, based on supporting documentation and evidence, that an office use would be more compatible with the existing and planned uses in the vicinity than a retail commercial use on the subject property and that an office use would be more beneficial in implementing applicable land use policies such as the Tustin General Plan, Tustin City Code, and any Tustin Community Redevelopment Agency Project Area Redevelopment Plan than a retail commercial use on the subject property. While some of the documentation may support approval of the conditional use permit, insufficient and/or inconclusive evidence exists to meet finding requirements that an office use would be more compatible than a retail commercial use on the subject property. In addition, approving an office use would not be more beneficial in Resolution No, 4079 Page 2 implementing applicable land use policies such as the City Code and General Plan, as outlined below. 2. Pursuant to Tustin City Code Section 9233(y)(2), approval of Professional and general office uses shall meet one or more of the following criterion: a. The proposed use is to be located in an existing building originally designed, built, and occupied as offices or converted to office uses pursuant to an approved building permit. The original building permit does not exist, but records dating back to 1972 indicate that the building has been occupied as an office since the building was relocated to and first occupied in Tustin. However, the office use has lapsed for more than twelve (12) consecutive months. On October 9, 2006, the Zoning Administrator approved CUP 06-014, permitting a tutoring and counseling facility including a retail area, which currently occupies the building. b. The proposed use is to be located in an existing building that because of its design and orientation is impractical to modify or alter to accommodate retail establishments. The existing building's site and orientation at the prominent crossroads of Fl Camino Real and El Camino Way at the entry to Old Town Tustin make it a prime location for a retail establishment. The property, with minor modifications, presents a significant potential for retail uses or for redevelopment of the site to accommodate retail at least at the ground floor. Approving another office use at this location would lengthen the non- conforming use in and hinder the potential for retail or redevelopment. C. The proposed use is to be located in an existing building requiring significant reconstruction that is not economically feasible or practical to accommodate retail establishments. The existing building, with some modifications, could be suitable to accommodate service-oriented retail uses that are outright permitted in the C-2 zone. The building is currently oriented towards the interior of the lot, but the addition of some storefront elements along the elevation on El Camino Real could feasibly transform the structure to accommodate retail by capitalizing upon its corner location. However, establishment of a dental office at this location would necessitate tenant improvements to the building, thereby impairing the opportunity for retail at this location in the reasonable and foreseeable future. Resolution No. 4079 Page 3 d. The proposed use is to be located in a multi -tenant retail center and is ancillary but complementary to the remaining mixed uses with respect to type of use, hours of operation, convenience, and parking demand. This criterion is not applicable, since the proposed use is to be located in a single -tenant building. However, the site is located adjacent to El Camino Plaza and other shopping centers, which feature a large variety of retail commercial operations. e. The proposed use is determined to be beneficial, complementary, and compatible with surrounding neighborhood and nearby retail establishments. The subject property is located within the Old Town Tustin District, which is a walkable neighborhood district. The intent of the office provision in the C-2 zoning district is to encourage pedestrian activity in the area. Although the applicant has indicated that the dental office use would bring increased foot traffic to the area, the nature of the patron for this type of activity is more single -use oriented than a multi -trip retail customer that might visit a travel agency or bank, or drop off children at a tutoring facility, for example. The proposed use is not complementary to surrounding retail establishments in that office uses do not encourage pedestrian activity in the neighborhood in the same way that retail or service-oriented uses do. 3• The proposed project must be determined to be in conformance with the City's General Plan. The project as proposed appears to be in direct conflict with the following policies set forth in the Land Use Element of the General Plan: 4. Policies 1.2 and 10.6: Provide for and encourage the development of neighborhood -serving commercial uses in areas of Tustin presently underserved by such uses. Encourage the integration of retail or service commercial uses on the street level of office projects. The project proposal is for a dental office to fully occupy a single - story building located in an area identified for retail commercial uses. The Old Town neighborhood has been recognized by the City Council and Chamber of Commerce as underserved by retail commercial uses. The proposed use does not further the land use goals set forth in the General Plan because it does not fill a land use need of the neighborhood. CA 06-004 was adopted to address this deficiency and encourage much-needed retail uses in the heart of Old Town Tustin. Resolution No. 4079 Page 4 The City's zoning code and general plan provide for several areas throughout the City where professional offices may locate. Dental offices are permitted outright in the Professional (Pr), Retail Commercial (C-1), and Commercial General (CG) zoning districts, as well as in the Central Commercial (C-2) district when not fronting on to Main Street or El Camino Real and located outside of the Old Town Commercial General Plan land use designation. II. The Planning Commission hereby denies Conditional Use Permit 07-020 to authorize a dental office in an existing building at 740 EI Camino Real in the C-2 zoning district and Old Town Commercial General Plan designation. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 11 th day of December, 2007. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4079 was duly passed and adopted at a regular meeting of the Tustin Planning Co 11 a, day of December, 2007. mmission, held on the ELIZABETH A. BINSACK Planning Commission Secretary Exhibit B Letter from McCormick, Kidman & Behrens, LLP, dated December 11, 2007 Via Facsimile: 714-573-3113 and U.S. Mail Chair and Members Planning Commission Elizabeth A. Binsack Director, Community Development Department City of Tustin 300 Centennial Way Tustin, California 92780 LAGUNA HILLS OFFICE: 23601 MOULTON PARKWAY SUITE 220 LAGUNA HILLS. CALIFORNIA 92653 TELEPHONE (940) 454-2206 Re: Sayed Mirrafati, M.D. CUP 07-020 — December 11, 2007, Planning Commission Agenda Dear Chair, Commissioners, and Ms. Binsack: Our office represents Sayed Mirrafati, M.D., and his company, Mroperties, LLC, which owns the property located at 740 El Camino Real in Tustin, Califo a. There is presently pending an application for a Conditional Use Permit ("CUP") for that roperty to be used for a dental practice by Ashok Mehta, D.D.S. The staff is recommending denial of that CUP. This letter points out why that recommendation legally is incorrect and unsupported by the Tustin Municipal Code and the evidence. Therefore, we ask that this use be granted as of right or that staff be directed to administratively grant a CUP. The purpose of this letter is to provide you with the evidence necessary for you to direct staff to approve this use in whatever manner is appropriate. First, let us provide some background not disclosed in the Staff Report. There has been some confusion in staff understanding our request for the files and so we reserve all rights to provide additional information and argument. MCCo13MICK, KIDMAN & BEHBENS, LLP LAWYERS H. L. (MIKE) McCORMICK• 650 TOWN CENTER DRIVE ARTHUR G. KIDMAN* RUSSELL G. BEHRENS• SUITE 100 SUZANNE M. TAGUE*t COSTA MESA, CALIFORNIA 92626 DAVID O. BOYER• TELEPHONES (714) 755-3100 DANIEL J. PAYNE• (600) 755-3125 BRADLEY O.,PIERCE' ELIZABETH L. MARTYN• FAX (714) 75S-3110 JOAN J. BENNETT www.mkb(Bwyere.com BOYO L. HILL EDDY R. BELTRAN MICHAEL D. CARTER HANNAH BENTLEY— TRAM T. TRAN JOHN P. GLOWACKI •A PROFESSIONAL CORPORATION tCERTIFIEO SPECIALIST - PROBATE December 11, 2007 ESTATE PLANNING 6 TRUST LAW THE STATE BAR OF CALIFORNIA BOARD OF LEGAL SPECIALIZATION `*or COUNSEL Via Facsimile: 714-573-3113 and U.S. Mail Chair and Members Planning Commission Elizabeth A. Binsack Director, Community Development Department City of Tustin 300 Centennial Way Tustin, California 92780 LAGUNA HILLS OFFICE: 23601 MOULTON PARKWAY SUITE 220 LAGUNA HILLS. CALIFORNIA 92653 TELEPHONE (940) 454-2206 Re: Sayed Mirrafati, M.D. CUP 07-020 — December 11, 2007, Planning Commission Agenda Dear Chair, Commissioners, and Ms. Binsack: Our office represents Sayed Mirrafati, M.D., and his company, Mroperties, LLC, which owns the property located at 740 El Camino Real in Tustin, Califo a. There is presently pending an application for a Conditional Use Permit ("CUP") for that roperty to be used for a dental practice by Ashok Mehta, D.D.S. The staff is recommending denial of that CUP. This letter points out why that recommendation legally is incorrect and unsupported by the Tustin Municipal Code and the evidence. Therefore, we ask that this use be granted as of right or that staff be directed to administratively grant a CUP. The purpose of this letter is to provide you with the evidence necessary for you to direct staff to approve this use in whatever manner is appropriate. First, let us provide some background not disclosed in the Staff Report. There has been some confusion in staff understanding our request for the files and so we reserve all rights to provide additional information and argument. McCoRMICB, KIDMAN 8C BEHRENS, LLP LAWYERS Elizabeth A. Binsack Re: Sayed Mirrafati, M.D. December 11, 2007 Page 2 Dr. Mirrafati is a cosmetic surgeon who purchased this property in August 2004; at that time it was being used as professional offices for an engineering firm. Formerly, the property housed an.osteopathic doctor and a chiropractor. The property was built as and continues to function as one, which houses professional and offices uses. Therefore, it is unlikely that those who wish to use or purchase the building will use it differently. Before he purchased the property, Dr. Mirrafati confirmed with Planning Staff (specifically, `Brad") that the property could be used for physicians' offices. In 2005, he provided the City with architectural drawings to locate his office there. The City indicated for the next year that they would, "work with" Dr. Mirrafati, and that there were pending amendments to the Code which would support his proposal and he would, "come out of the circle." In fact, that was not the case; as explained in the Staff Report, new, more restrictive office use provisions were pending. Any argument that Dr. Mirrafati failed to utilize the property is the result of Staff, "working with" him to allow its use. By 2006, Dr. Mirrafati had determined that he would sell the property because of problems working with the City. However, when buyers approached the City, they were told that they would have to have at least fifty percent (50%) retail to be able to operate at the location. This occurred despite the fact that the ordinance imposing such requirement did not go into effect until October 18, 2006. In fact, before that date (i.e., before there was any retail requirement) Planning Staff administratively granted a CUP for the property for Tutor Whiz. Tutor Whiz is not a retail operation, and only incidentally sells study materials as part of its program. This CUP remains in effect, but apparently staff does not consider the use to be "long- term." At this point, Dr. Mirrafati finally has found another buyer for the property (although at a reduced price). Dr. Mirrafati and Dr. Mehta have finalized a purchase -sale agreement for the property and have entered into escrow. One of the conditions of the sale is that Dr. Mehta be permitted to use the property for a dental practice. To that end, he has applied for this CUP. We have recently received the Report to the Planning Commission regarding the application, although, as discussed in detail below, our client has been denied any opportunity to review the planning file for the subject property. Our review of the Report shows that a number of aspects of the Report are unacceptable and its recommendation that the CUP be denied is not supported by law or fact. 1. No CUP MU be Required Here. No CUP is necessary for Dr. Mehta to operate a dental practice at the subject property. Tustin City Code Section 9233, subsection (a)(1)(g) addressed uses permitted as of right, and includes "professional offices", which do not front on El Camino Real. In contrast, Section McCoRMICK, KIDMAN & BEHRENS, LLP LAWYERS Elizabeth A. Binsack Re: Sayed Mirrafati, M.D. December 11, 2007 Page 3 9233, subsection (c), sets forth Conditionally Permitted Uses for the Central Commercial District that the . subject property occupies. Section 9233, subsection (c)(y) specifically regulates, "Professional and general offices fronting onto Main Street or El Camino Real ..." We have found no definition of "fronting" in the Tustin Municipal Code, and so we attribute to it its common meaning, i.e., that the front entrance of the building is on that street, particularly since the point of the new subsection is to attract retail customers. While the subject property's present address has been changed to El Camino Real, the reality is that the building on the property does not front on El Camino Real. Instead, the front entrance of the building faces southeast, directly onto El Camino Way and on the opposite side of the building from El Camino Real, which runs behind the building. The northeast facade of the building, which directly faces El Camino Real, does not have any large windows or would not be allowed for signage. The parking lot is to the south and southeast of the building, with driveways from El Camino Way and El Camino Real. The letter submitted by the Chamber of Commerce notes that "retail store fronts attract pedestrian traffic." As can be seen, that is not the case here. The City is aware that the property is not on El Camino Real, since they asked to change the address from El Camino Way. About a year ago, the City of Tustin approached Dr. Mirrafati and asked him to change the building's address because the address (730 El Camino Way) allegedly was causing confusion with the mail delivery of another building in E1 Camino Way. When Dr. Mirrafati purchased the building, the address was 730 El Camino Way; however, the chiropractor who had owned the building had added the address of 605 El Camino Real The Report assumes, without discussing, that the subject property fronts onto El Camino Real. Plainly, the building does not front onto El Camino Real and, as such, the property is not subject to the requirement of a CUP for a dental practice. Rather, Section 9233, subsection (a)(1)(g) applies and the dental practice is a permitted use. Therefore, the use is one permitted as of right and denying the CUP is irrelevant to any owner's ability to operate a professional office at the subject property pursuant to the Tustin Municipal Code. 2. Dr. Mehta Has Met the Requirements to Obtain a CUP. Even if a CUP were necessary to operate a professional office at the subject property, the requirements for issuing a CUP have been met. The Report fails adequately to address the factors set forth in Tustin Municipal Code Section 9233, subsection (y). As to subsection (y)(1), the professional use would be absolutely consistent with existing uses. The Report acknowledges a history of office use as far back as 1972. Office use continues to the present day, as the building is presently occupied by a tutoring and counseling office. The Report flatly errs in stating that office use lapsed for more than twelve (12) months after adoption of the new retail requirements, as the tutoring and counseling business with its minimal retail area is MCCORMICK, KIDMAN & BEHRENS, LLP LAWYERS Elizabeth A. Binsack Re: Sayed Mirrafati, M.D. December 11, 2007 Page 4 certainly a predominantly office use as opposed to retail and was granted weeks before the new ordinance took effect. As such, pursuant to Tustin City Code Section 9273, the purportedly nonconforming use is "grandfathered" into compliance. Indeed, the present building is not amenable to retail use. Subsection (y)(2) sets forth five criteria, "one or more of which must be met to support a CUP for the proposed professional office use. Satisfying any one of these elements justifies granting the CUP and there is no "inability to positively make" the necessary finding as to any of the five criteria. a. Subsection (y)(2)(a) states: "The proposed use is to be located in an existing building. originally designed built and occupied as offices or converted to office use pursuant to an approved building_ permit." This building was designed for office use and has been used exclusively for office use since at least 1972, as the Report acknowledges. The current use is predominantly as offices. There has been no lapse of any length of time from the office use. The Planning Commission already approved a CUP for the tutoring and counseling business, which is substantially similar to the proposed dental practice; in fact, the proposed 'use would likely generate more retail business than the present use. b. Subsection (y)(2)(b) states, "The proposed use is to be located in an existing building that because of its design and orientation is impractical to modify or alter to accommodate retail establishments." Here, the building faces directly away from, and lacks any entrance or even windows facing, El Camino Real. It is unreasonable to conclude that such a facade would entice retail foot traffic. The Report's conclusion that the building is a "prime location for a retail establishment" is directly contradicted by the numerous potential purchasers and experts that Dr. Mirrafati can identify who would testify that there are significant obstacles preventing any predominantly retail use of the building. The Report here explicitly acknowledges, as stated above, that the present use is an office use, even though immediately above the Report purports to rely on the statement that the current use is retail. The Report's conclusion is simply unsupported by the facts. c. Subsection (y)(2)(c) states, "The proposed use is to be located in an existing building requiring significant reconstruction that is not economically feasible or practical to accommodate retail establishments." This is satisfied here because the existing building would require significant reconstruction to accommodate any retail use and it not economically feasible. As noted above, numerous potential purchasers and experts will testify that predominantly retail uses are not practical absent significant reconstruction. The Report acknowledges that, "the building is currently oriented towards the interior of the lot," and relies on the notion that "the addition of some storefront elements along the elevation of El Camino Real could feasibly transform the structures to accommodate retail." This conclusion is simply unsupported in fact given the design of the building. Placing a sign on an otherwise bare wall — essentially what the F t McCoRMICK. KIDMAN & BEHRENS. LLP LAWYERS Elizabeth A. Binsack Re: Sayed Mirrafati, M.D. December 11, 2007 Page 5 Report suggests - will not transform this building which, in its design and prior use, is shown to be clearly for offices, into retail space. Once again, the Report explicitly acknowledges in its comments on this element that the current use is as an office and that the building's design and orientation are best suited to office use. d. Subsection (y)(2)(d) states, "The Proposed use is to be located in a multi -tenant retail center and is ancillary but complementary to the remaining mixed uses with respect to a of use hours of operation convenience and parking demand." In its analysis, the Report conveniently and inexplicably ignores the fact that the nearby "retail" plazas on which the Report relies to justify denying the CUP actually contain multiple dental practices and a chiropractic office. Such offices are commonly found mixed in among retail establishmentsacross southern California. Certainly these uses are ancillary to the remaining mixed uses in terms of type of use (there are other professional offices), hours of operation (which are similar, if not identical, to most retail establishments), convenience, and parking. (The Report omits any parking analysis leading to the conclusion the parking is sufficient as was the case with the CUP for Tutor Whiz). e. Subsection (y) (2) (e) states, "The proposed use is determined to be beneficial, complementary and compatible with surrounding, neighborhood and nearby retail establishments." The report suggests, in analyzing subsection (y) (2) (e), that a dental practice would not attract "multi -trip retail" customers to the extent that a travel agency or tutoring facility would attract. This is mere conjecture. One might just as easily conclude that patrons of dental offices do visit additional businesses in the same trip, and there is certainly no support for the notion that no one is ever dropped off at a dental practice as a child might be a tutoring facility. The conclusion is unfounded. There is no inability here to find positively that the proposed use is beneficial, complementary, and compatible with surrounding uses. As noted above, there are already professional offices mixed in among the surrounding retail uses, specifically including a dental practice. 3. Staff Appears to Have Delayed and Then Refused to Grant a CUP to Prevent a Long -Term Use that Would Require Payment of Relocation Costs in the Event of Acquisition of the Property. Throughout the Report, the Planning Commission suggests that the dental practice would "not be more beneficial in implementing applicable land use policies" (page 3), "lengthen the nonconforming use indefinitely and hinder the potential for retail or redevelopment" (page 4), "necessitate tenant improvements . impairing the opportunity for retail at this location in the reasonable and foreseeable future" (page 4). Taken in its entirety in light of the specific points lacking support cited above, as well as the overall lack of depth in the analysis of the Report, and considering that Dr. Mirrafati was refused the opportunity to review the public records in the planning file, the suggestion of an improper motivation for denying the requested CUP is MCCORMICH, KIDMAN & BEHRENS, LLP �LAWYERS Elizabeth A. Binsack Re: Sayed Mirrafati, M.D. December 11, 2007 Page 6 palpable. We do not know what the Planning Commission's motivations are, but it is clear that the Report on its face does not justify denying the requested CUP. A cause of action lies where a public agency takes pre -condemnation steps that drive down the value of a property. At the time Dr. Mirrafati purchased the property, the previous owner also was approached by the developer of the nearby strip center. The developer determined not to make an offer on the property because he could not acquire the motel, but staff repeatedly has indicated that the City or RDA is interested in acquiring the property because it is the "gateway" to the area. The long time delay, inconsistent answers, intentional misinterpretation of the Code requirements, and finally denial of access to public records strongly suggests there is an improper motive here. Now, the agreed sale price represents a significant decrease in value since the Planning Commission began denying other similar CUP's in the same area. If the City intends to condemn this property outright, then it has no right to drive down the property's value in advance without paying just compensation for what amounts to a pre -condemnation taking of private property. The repeated references to redevelopment in the Report suggest this might be the underlying intent. That is absolutely not a proper reason for denying the requested CUP. Very truly yours, McCORMICK, KIDMAN & BEHRENS, LLP Elizabeth L. Martyn John Paul Glowacki ELM/JPG:ggg Copy: Sayed Mirrafati, M.D. David Kendig (via electronic mail at dkendig(a,wss-law.com ) ZAUsers Data\ggoodreau\mirrafati\ltrs\Letter to PC - draft redlined.doe Exhibit C Letter from City of Tustin Community Development Department, dated August 2, 2004 !­ommunity Development Department August 2, 2004 Sid J. Mirrafati, M.D. 1101 Bryan Avenue, Tustin, CA 92780 Suite G RE: 705 EL CAMINO REAL (APN 401-641-02) Dear Dr. Mirrafati: city of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3100 Thank you for your letter and preliminary plans received on July 7, 2004, requesting information related to property at 705, EI Camino Real also known as Assessor Parcel Number 401-641-01. In your letter and preliminary plans, you indicated that you plan to build a two-story 5,166 square foot office building in which the bottom floor will be occupied by your medical office and the second floor by business offices. You clarified per our conversation at the Planning counter that the existing commercial building would be demolished and replaced with the new building. The property is currently improved with a site in 1972 and is occupied by an office Town Commercial" by the Tustin General Combining Parking District (C -2P), am Redevelopment Project Area. The pro development regulations, such as permit setbacks, parking, design review provisio Code (attached). commercial structure relocated to the use. The property is designated "Old Plan, zoned Central Commercial and J located within the Town Center ject would need to comply with all :ed and conditionally permitted . uses, is, and processes of the Tustin City Please note that Tustin City Code Section 9233.a(1)(g) allows for professional offices to be established in C -2P district provided that the office use is located above the ground floor and occupies less than fifty (50) percent of the total floor area. Office uses located on the ground floor or in over fifty (50) percent of the total floor area would require approval of a Conditional Use Permit. Tustin City Code 9233.e. requires findings to be made prior to the approval of a Conditional Use Permit for a ground floor office use. The findings would need to include supporting documents and evidence stating that an office use would be more compatible with the existing and planned uses within the vicinity than a retail commercial use on the subject property and that office use would be more beneficial in implementing applicable land use policies, such as the General Plan, and the Redevelopment Plan. Together, these documents seek to revitalize Old Town and encourage more retailing and pedestrian activity in Old Town. As Dr. Mirrafati August 2, 2004 Page 2 of 2 such, staff would not support ground floor office space. Your proposal should be revised to include 100 percent retail uses on the ground floor. When designing your project, please consider a site layout and architectural style that is similar to other structures in Old Town. For example, the new building should front onto EI Camino Real and EI Camino Way with large storefront windows along both the front and side elevations. Parking and access should be located to the rear. The architectural style should be compatible to other commercial structures in Old Town particularly those located at the intersection of Main and El Camino Real and the upcoming development located at 14001 Newport Avenue. Community Development and Redevelopment Agency -staff would be happy to -review any schematic or conceptual plans you may have and provide additional guidance to assist you in developing a formal submittal. With more detailed information, we will also be able to provide additional information regarding the process, timing, and fees that would be associated with the project. If you have any questions, please call me at 714-573-3174. Sincerely, Justina Willkom Associate Planner Attachments: 1. Tustin City Code Section 9233 (C-213) 2. Tustin City Code Section 9251 (Combining Parking District) 3. Tustin City Code Section 9272 (Design Review) cc: Karen Peterson POD: Zoning Letter Notebook SACddUUSTINA\current planninglLetters-Memos\730 EI Camino Real.doc Exhibit D Zoning Administrator Report dated October 9, 2006 and CUP 06-014 Application related materials. INP x APN No,, 401-641-0 Project No.: Cllp 06-014 Approval Pate: iQ-a-os Address. 790 1�I, CAMINO P\FA, I. Z Notice of ni5cretionaq Approval 2, Z Agreement to Conditions Imposed ZA Action exhibits; Z 4 - Plan5 ❑ 4 - Samples of Materials z 4 - photos 5, Z Staff keport( s) / birector's Approval better 6. Z Environmental Fo5ting5 -7, Z Correspondence 8, Z Legal Notice/ radius Map/ Mailing Labels 9, Z Title deport 10, Application; Z nevelopment Application Form , Z Campaign 5tatement Z Environmental Assessment Form S:\Cdd\FORMS\CurrentPlanning\Filing Index.doc RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Director of Community Development 300 Centennial Way Tustin, CA 92780-3767 Space Above This Line For Recorder's Use Only AGREEMENT WITH CONDITIONS OF APPROVAL DISCRETIONARY PERMIT APPROVAL 1. Project Name: 2. Name of Applicant(s): 3. File Number: 4. Zoning Administrator Action No.: $. Assessor's Parcel Number(s) of Property: 6. Street Address of Property: 7. Legal Description of Property: 8. Type of Discretionary Permit% Tutoring and counseling facility Drs. Naren and Anne Mehta CUP 06-014 06-007 401-641-01 740 EI Camino Real Exhibit "A" Conditional Use Permit Notice is hereby given that a discretionary permit was approved by the City of Tustin for the Project at the Property, as described above. The discretionary approved subject to certain specified conditions of approval which apply to the Property and to the use of the Property. The Property Owner agrees to these a rovai and acknowledges that thaca ��,,,a,+, , r conditions of conditions of approval are binding onall persons who own se orooccupy the Property. A copy of the discretionary permit the conditions of approval are on file in the Office of the Director of Comm i op ent of the City of Tustin. OWNE Date: 1, /it /, l Date: Date: Notes: Legal Description of Property must be attached as Exhibit "A" Signatures of Owner(s) must be acknowledged before a notary public. Acknowledgment State of California County of Orange On 10 N IDU , before me, C _ Notary, personally appeared j* q'i Personally known to me -OR- _,Z,_ (proved to me on the basis of satisfactory evidence) to be the perso whose name is are subscribed to the within instrument and acknowledge that &he/they executed the same i authorized capacity(, and that by Fiis er/their signature�o on the instrumentrthe ire soatc or erso the entity upon behalf of which the p r p rlFsjacted, executed the instrument. WITNESS my hand and official seal. (Seal) Ah ALKA CHOWHAN-PATEI Signature f otary Public 01MV N� P�c 1673208 7awomo_ Orange Courwy Comm. Expim Jun S. 201 � -n - a ��..., PRINT NAME AGREEMENT TO CONDITIONS IMPOSED I, the undersigned, hereby agree to comply with all conditions imposed by the Community Development Department and/or Zoning Administrator of the City of Tustin on approval of Conditional Use Permit 06-014 with conditions as stated in Zoning Administrator Action 06-007 Exhibit A attached to the letter dated October 9, 2006. 4I, / Naren Mehta, Applicant 3y Mirrafati -" Properties, LLC ZONING ADMINISTRATOR ACTION 06-007 CONDITIONAL USE PERMIT 06-014 740 EL CAMINO REAL The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 06-014 was filed by Dr. Naren and Dr. Anne Mehta, on behalf of Tutorwhiz, Inc., requesting authorization to establish a tutoring and counseling facility including associated administrative offices for children and adults in a stand-alone building at 740 EI Camino Real. B. That the proposed land use is consistent with the Tustin City Code and General Plan. The site is zoned Central Commercial (C-2) and the land use is designated by the General Plan as Old Town Commercial, which provides for a variety of public, institutional, retail, office, and commercial uses, including instructional facilities. The project is consistent with the Air Quality Sub -element of the City of Tustin General Plan. C. That the City Council adopted Ordinance No. 1317 authorizing the Zoning Administrator to consider office uses on the ground floor with the approval of a Conditional Use Permit. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 06-014 on October 9, 2006, by the Zoning Administrator. E. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1) The proposed use, as conditioned, would not be detrimental to surrounding properties in that the use would occur entirely within the building and the number of instructors and clients and scope of operations for the proposed use can be supported by the proposed building and site design, and would be compatible with the uses on the surrounding properties. 2) The proposed tutoring sessions, based upon a maximum of four (4) instructors and eight (8) adult students, or thirty-two (32) children students, can be accommodated by the existing number of parking spaces required for the approved use. Zoning Administrator Action (To -007 October 9, 2006 Page 2 3) As conditioned, a maximum occupant load of thirty-six (36) persons has been determined to be consistent with the California Building Code related to accessibility requirements. 4) As conditioned, the proposed use would not create a noise impact on the surrounding neighborhood since the instruction would be entirely within the building and would comply with the Tustin Noise Ordinance. 5) The tutoring facility would generally operate from 11:00 a.m. to 7:00 p.m., Monday through Thursday, 9:00 a.m. to 12:00 p.m. on Saturday, and be closed Friday and Sunday, which is consistent and compatible with the hours of operation for other commercial uses in the area. F. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit 06-014 authorizing a tutoring and counseling facility for children and adults along with its associated offices in a stand-alone building at 740 EI Camino Real, subject to conditions attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 9"' day of October, 2006. ELIZABETH A. BINSACK ZONING ADMINISTRATOR i'� �" ELOISE RRIS RECORDING SECRETARY Zoning Administrator Action 6, . 07 October 9, 2006 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 06-007 was passed sand adopted at a regular meeting of the Tustin Zoning Administrator, held on the 9 day of October, 2006. ELOISE H RIS RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR 06-007 CONDITIONAL USE PERMIT 06-014 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 9, 2006, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such, modifications are consistent with provisions of the Tustin City Code. (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. 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 All conditions in this Exhibit shall be complied with prior to the start of classes or as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 06-014 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 Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. (1) 1.6 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) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM NG CODES (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW ) POLICY *** EXCEPTIONS Exhibit A ZA Action 06-007 Page 2 (1) 1.7 As a condition of approval of Conditional Use Permit 06-014 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 defense of any such action under this condition. (***) 1.8 Conditional Use Permit 06-014 may be reviewed annually, or more often if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. USE RESTRICTIONS (***) 2.1 The proposed office and tutoring use shall not commence prior to October 18, 2006, when Ordinance No. 1317, which authorizes office use with the approval of a Conditional Use Permit by the Zoning Administrator, shall become effective. (**") 2.2 The maximum number of students and instructors within the facility at any given time shall be as folk)ws: • 4 instructors AND 32 children; OR 4 instructors AND 8 adult students; OR • A combination thereof using the ratio of 1 spacetinstructor, 1 space/8 children, and 1 space/2 adult students. Any request to modify the maximum number of students and/or instructors shall require the applicant to provide property owner permission, a parking summary of the site showing the additional parking spaces, and shall be subject to the Community Development Director approval. The maximum occupant load permitted by CUP 06-014 shall be posted on the wall by the exit door in a conspicuous location. (1) 2.3 Each class shall be concluded to provide sufficient time for attendees of the prior class to vacate the site prior to arrival of attendees of the next class. (***) 2.4 No daycare use, as defined by the California Building Code, shall be permitted unless approved by the Community Development Director. Exhibit A ZA Action 06-007 Page 3 BUILDING (3) 3.1 At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2004 California Electrical Code (CEC), California Title 24 Accessibility Regulations, 2005 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations 2005 Edition. (1) 3.2 Building plan check submittal shall include the following: Seven (7) sets of construction plans, including drawings for mechanical, plumbing and electrical. (***) 3.3 Prior tothe establishment of the tutoring use at the site, the applicant shall re -stripe the parking lot as per the approved plans, with applicable permits issued by the Building Division. Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 California Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy, or as approved by the Building Official. (1) 3.4 Prior to permit issuance, clearance from the Orange County Fire Authority is required. (3) 3.5 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities and shall be shown on the plans. (1) 3.6 Prior to issuance of demolition, precise/rough grading, and/or building permit with valuation of $50,000 or greater, the applicant shall submit for approval by the City of Tustin, Construction & Demolition (C&D) debris collection, disposal, and diversion information in the City -prescribed forms. At least 50 percent of the construction debris shall be diverted from landfill to the recycling plants. A security deposit in amount of $50 per ton (not to exceed $5,000 per project) for C&D security deposit will be collected prior to issuance the permit. Prior to final inspection, the applicant shall submit to the City of Tustin documents (i.e. receipt from vendor) showing actual weight or volume of each material of C&D diverted to the recycling center. Exhibit A ZA Action 06-007 Page 4 For any questions or concerns, please contact Joe Meyers at (714) 573- 3173. (City Ordinance 1281) ENGINEERING (5) 4.1 The Applicant, Property Owner, and/or Tenant are required to participate in the City's recycling program. FIRE (1) 5.1 Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for New and Existing Fire Alarm Systems." (1) 5.2 This system shall be operational prior to the issuance of a certificate of occupancy. FEES (2) 6.1 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 forty-three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the 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. S:T4MZAACn0M20MZAadios W-007 (rubrAiz).doc 4 - p LAN 5 J ILI t- o A O vc 7 P L9 0. 51 77 LA t7 O O �X-sr" ( _FFm-11 1757 S,F. ?p LRi.lDSCIM�r�t, be r IrWWALK"Al �5 _ - — Ow a61'0 10 � 6 (`t �ou�� � t c�n�ati „�Au ✓ j x i CONMI 'NII) DL VLLOPN!I.N l DLPaR [ NJLN .y`��tij.�j. A�;v l'�JC CU 1 ttiSllsi3 trl Y COUNCIL PLA rJ scs t " i D'- D'' � t 14DRTH y�ot'wry MSP. Mo ICAC Inter -Com DATE: OCTOBER 9, 2006 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 06-014 OWNER: SIDNEY MIRRAFATI MIRA PROPERTIES, LLC. 1101 BRYAN AVENUE #G TUSTIN, CA 92780 APPLICANT: TUTORWHIZ, INC. DRS. NAREN AND ANNE MEHTA P.O. BOX 746 PLACENTIA, CA 92871 LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: RECOMMENDATION 740 EL CAMINO REAL CENTRAL COMMERCIAL (C-2), WITH COMBINING PARKING DISTRICT (P) THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. TO ESTABLISH A TUTORING AND COUNSELING FACILITY WITHIN AN EXISTING OFFICE BUILDING That the Zoning Administrator adopt Zoning Administrator Action No. 06-007 approving Conditional. Use Permit 06-014. BACKGROUND The applicant is requesting approval to establish a tutoring and counseling facility and associated administrative offices in a stand-alone building located at 740 EI Camino Real (Attachment A — Location Map). The subject property is located within the Central Commercial (C-2) zoning district, where schools are conditionally permitted per Tustin City Zoning Administrator Report CUP 06-014 Page 2 Code Section 9233(c)(e). The General Plan Designation is Old Town Commercial, which allows for retail, professional office, and service-oriented business activities to serve Old Town and surrounding areas. On September 18, 2006, the City Council adopted Ordinance No. 1317 authorizing the Zoning Administrator to consider office uses on the ground floor within the C-2 zoning district. This ordinance will become effective on October 18, 2006. Site and Surrounding Properties The site is located at the Y -intersection of EI Camino Real and EI Camino Way. The site surroundings include retail and commercial uses on all sides. EI Camino Plaza is located at the West, Tustin Motor Lodge and Makena Square to the South, Galaxy Automotive to the North, and a retail strip center to the East. Public Noticing A public hearing notice identifying the time, date, and location of the public hearing for the proposal was published in the Tustin News on September 28, 2006. Property owners within 300 feet of the site were notified of the hearing by mail; a hearing sign is posted on the site; and, the hearing was posted at City Hall on September 28, 2006. DISCUSSION Project Description The proposed site is improved with an existing single -story, 1,757 square foot office building that was constructed in 1972. The applicant proposes to operate the office headquarters for Tutorwhiz, Inc. at the site, which will include corporate bookkeeping and payroll, hiring interviews, and staff training. The primary use will consist of academic preparation programs for children (Grades 2 - 12), and adults (i.e., CBEST preparation). Diagnostic testing and marriage and family counseling will also be conducted at the center. The applicant proposes to operate the office and classroom spaces as follows: USE HOURS OF OPERATION Diagnostic Testing 11:00 a.m. — 2:00 p.m. Marriage and Family Counseling 2:00 p.m. — 7:00 p.m. Corporate Bookkeeping and Payroll 11:00 a.m. - 5:00 p.m. Zoning Administrator Report CUP 06-014 Page 3 Hiring Interviews and Staff Training 11:00 a.m. — 2:00 p.m. Curriculum Prep For Other Centers 11:00 a.m. — 5:00 p.m. Academic Prep (Adult) 5:00 p.m. — 7:00 p.m. & Saturday 10:00 a.m. —12:00 p.m. Academic Prep (Grades 2- 12) 5:00 p.m. — 7:00 p.m. & Saturday 10:00 a.m. —12:00 p.m. Retail Sales (Books and educational CDs) 11:00 a.m. — 7:00 p.m. & Saturday 10:00 a.m. —12:00 p.m. The tenant space is divided into five (5) classrooms, three (3) offices, two restrooms (2), one (1) reception, and one (1) waiting area (Attachment B — Submitted Plans). Parking and Traffic There are a total of eight (8) proposed parking spaces at the site, including one (1) handicap space and adjacent loading zone. Off-street parking requirements have been calculated using the following ratios: one (1) space per staff member, one (1) space per two (2) adults, and one (1) space per eight (8) children. The applicant has indicated that there would be a maximum of four (4) instructors on-site at any given time. The permitted occupancy of the building has been determined based on the amount of available parking. Based on the proposed on-site parking, this would allow for a total occupancy at any given time of: 4 instructors AND 32 children; OR • 4 instructors AND 8 adult students; OR • A combination thereof using the above ratios. Therefore, a condition has been included that ensures the occupancy of the building may at no time exceed a total of 36 persons (4 adults and 32 children or 4 adults and 8 adult students). The City's Traffic Engineer has reviewed the project and completed a traffic analysis calculation. The Traffic Engineer has determined that the use could create one (1) additional trip end during the AM peak hour and could generate a total of nineteen (19) additional net daily trip ends during the PM peak hour. However, the Traffic Engineer concluded that no significant AM and limited PM peak hour net changes are anticipated. Based upon the projects anticipated, traffic generation, and the adjacent street system design, there is sufficient street capacity to accommodate the proposed project. Zoning Administrator Report CUP 06-014 Page 4 ANALYSIS In determining whether to approve the Conditional Use Permit, the Zoning Administrator must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request may be supported by the following findings: 1) The proposed use, as conditioned, would not be detrimental to surrounding properties in that the use would occur entirely within the building and the number of instructors and clients and scope of operations for the proposed use can be supported by the proposed building and site design, and would be compatible with the uses on the surrounding properties. 2) The proposed tutoring sessions, based upon a maximum of four (4) instructors and eight (8) adult students, or thirty-two (32) children students, can be accommodated by the existing number of parking spaces required for the approved use. 3) As conditioned, a maximum occupant load of thirty-six (36) persons has been determined to be consistent with the California Building Code related to accessibility requirements. 4) As conditioned, the proposed use would not create a noise impact on the surrounding neighborhood since the instruction would be entirely within the building and would comply with the Tustin Noise Ordinance. 5) The tutoring facility would generally operate from 11:00 a.m. to 7:00 p.m., Monday through Thursday, 9:00 a.m. to 12:00 p.m. on Saturday, and close Friday and Sunday, which is consistent and compatible with the hours of operation for other commercial uses in the area. Reina Kapadia Assistant Planner Attachments: A. Location Map B. Submitted Plans C. ZA Action 06-007 SACdd1ZAREP0RT\2006\CUP 06-014 (Tutorwhiz).doc ATTACHMENT A Location Map Location Map 740 EI Camino Real CUP 06-014 ATTACHMENT B Submitted Plans N d, -vo .57 SF NX lot T ol" Ir ,a 3 NORTH psfiA I—Aw ap, yc \41 PLA 0 4 / F I U. r u� a - r 0 a' :19 < .1 nit E a' .1 a 7 r U N Q W J « v U ',a i r„ o � 11 nit a' .1 a 7 W W « v nit ATTACHMENT C Zoning Administrator Action 06-007 ZONING ADMINISTRATOR ACTION 06-007 CONDITIONAL USE PERMIT 06-014 740 EL CAMINO REAL The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 06-014 was filed by Dr. Naren and Dr. Anne Mehta, on behalf of Tutorwhiz, Inc., requesting authorization to establish a tutoring and counseling facility including associated administrative offices for children and adults in a stand-alone building at 740 EI Camino Real. B. That the proposed land use is consistent with the Tustin City Code and General Plan. The site is zoned Central Commercial (C-2) and the land use is designated by the General Plan as Old Town Commercial, which provides for a variety of public, institutional, retail, office, and commercial uses, including instructional facilities. The project is consistent with the Air Quality Sub -element of the City of Tustin General Plan. C. That the City Council adopted Ordinance No. 1317 authorizing the Zoning Administrator to consider office uses on the ground floor with the approval of a Conditional Use Permit. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 06-014 on October 9, 2006, by the Zoning Administrator. E. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1) The proposed use, as conditioned, would not be detrimental to surrounding properties in that the use would occur entirely within the building and the number of instructors and clients and scope of operations for the proposed use can be supported by the proposed building and site design, and would be compatible with the uses on the surrounding properties. 2) The proposed tutoring sessions, based upon a maximum of four (4) instructors and eight (8) adult students, or thirty-two (32) children students, can be accommodated by the existing number of parking spaces required for the approved use. f Zoning Administrator Action uu-007 October 9, 2006 Page 2 3) As conditioned, a maximum occupant load of thirty-six (36) persons has been determined to be consistent with the California Building Code related to accessibility requirements. 4) As conditioned, the proposed use would not create a noise impact on the surrounding neighborhood since the instruction would be entirely within the building and would comply with the Tustin Noise Ordinance. 5) The tutoring facility would generally operate from 11:00 a.m. to 7:00 p.m., Monday through Thursday, 9:00 a.m. to 12:00 p.m. on Saturday, and be closed Friday and Sunday, which is consistent and compatible with the hours of operation for other commercial uses in the area. F. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). Il. The Zoning Administrator hereby approves Conditional Use Permit 06-014 authorizing a tutoring and counseling facility for children and adults along with its associated offices in a stand-alone building at 740 EI Camino Real, subject to conditions attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 9t' day of October, 2006. DANA OGDON ACTING ZONING ADMINISTRATOR ELOISE HARRIS RECORDING SECRETARY z Zoning Administrator Action'i., 007 October 9, 2006 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 06-007 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 9"' day of October, 2006. ELOISE HARRIS RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR 06-007 CONDITIONAL USE PERMIT 06-014 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 9, 2006, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. 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 All conditions in this Exhibit shall be complied with prior to the start of classes or as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 06-014 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 Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. (1) 1.6 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 (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A ZA Action 06-007 Page 2 (1) 1.7 As a condition of approval of Conditional Use Permit 06-014 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 defense of any such action under this condition. (***) 1.8 Conditional Use Permit 06-014 may be reviewed annually, or more often if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. USE RESTRICTIONS (***) 2.1 The proposed office and tutoring use shall not commence prior to October 18, 2006, when Ordinance No. 1317, which authorizes office use with the approval of a Conditional Use Permit by the Zoning Administrator, shall become effective. (***) 2.2 The maximum number of students and instructors within the facility at any given time shall be as follows: • 4 instructors AND 32 children; OR • 4 instructors AND 8 adult students; OR • A combination thereof using the ratio of 1 space/instructor, 1 space/8 children, and 1 space/2 adult students. Any request to modify the maximum number of students and/or instructors shall require the applicant to provide property owner permission, a parking summary of the site showing the additional parking spaces, and shall be subject to the Community Development Director approval. The maximum occupant load permitted by CUP 06-014 shall be posted on the wall by the exit door in a conspicuous location. (1) 2.3 Each class shall be concluded to provide sufficient time for attendees of the prior class to vacate the site prior to arrival of attendees of the next class. (***) 2.4 No daycare use, as defined by the California Building Code, shall be permitted unless approved by the Community Development Director. Exhibit A ZA Action 06-007 Page 3 BUILDING (3) 3.1 At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2004 California Electrical Code (CEC), California Title 24 Accessibility Regulations, 2005 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations 2005 Edition. (1) 3.2 Building plan check submittal shall include the following: Seven (7) sets of construction plans, including drawings for mechanical, plumbing and electrical. (***) 3.3 Prior to the establishment of the tutoring use at the site, the applicant shall re -stripe the parking lot as per the approved plans, with applicable permits issued by the Building Division. Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 California Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy, or as approved by the Building Official. (1) 3.4 Prior to permit issuance, clearance from the Orange County Fire Authority is required. (3) 3.5 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities and shall be shown on the plans. (1) 3.6 Prior to issuance of demolition, precise/rough grading, and/or building permit with valuation of $50,000 or greater, the applicant shall submit for approval by the City of Tustin, Construction & Demolition (C&D) debris collection, disposal, and diversion information in the City -prescribed forms. At least 50 percent of the construction debris shall be diverted from landfill to the recycling plants. A security deposit in amount of $50 per ton (not to exceed $5,000 per project) for C&D security deposit will be collected prior to issuance the permit. Prior to final inspection, the applicant shall submit to the City of Tustin documents (i.e. receipt from vendor) showing actual weight or volume of each material of C&D diverted to the recycling center. Exhibit A ZA Action 06-007 Page 4 For any questions or concerns, please contact Joe Meyers at (714) 573- 3173. (City Ordinance 1281) ENGINEERING " (5) 4.1 The Applicant, Property Owner, and/or Tenant are required to participate in the City's recycling program. FIRE (1) 5.1 Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for New and Existing Fire Alarm Systems." (1) 5.2 This system shall be operational prior to the issuance of a certificate of occupancy. FEES (2) 6.1 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 forty-three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the 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. S:\Cdd\ZAACTI0M2006\ZA Action 06-007 (Tutorwhiz).doc F I L E D RECEIVED Nov 2 g zoos v,cLEa OCT 17 OMMUNIiYDEV�tOP TOM D K HEcoaoER COMMUNITY DEVELOPMENT DEPARTMENT By _ _ _ DEPUTY 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 NOTICE OF EXEMPTION ❑ Fee Exempt per Govt. Code Section 6103 Project Title: Conditional Use Permit (CUP) 06-014 POSTED Project Location: 740 El Camino Real, City of Tustin, County of Orange OCT 17 2006 Project Location — County: Orange TOM DALY, LERK-RECORDER By DEPUTY Project Description: AUTHORIZATION TO ESTABLISH A TUTORIALICOUNSELING FACILITY IN AN EXISTING OFFICE BUILDING. Name and Address of Applicant: Drs. Naren and Anne Mehta Tutorwhiz, Inc. P.O. Box 746 Placentia, CA 92871 Name of Public Agency Approving Project: City of Tustin, Zoning Administrator Name and address of Person or Agency Carrying Out Project: Drs. Naren and Anne Mehta Tutorwhiz, Inc. P.O. Box 746 Exempt Status: (Check One) Placentia, CA 92871 ❑ Ministerial (Sec. 21080(b)(1); 15268) ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)) ❑ Emergency Project (Sec. 21080(b)(4); 15269(b)(c)) ® Categorical Exemption: Class 1, Section 15301 ❑ Statutory Exemptions (State Code No.) Reason why project is exempt: The conversion of an existing office building into a tutorial facility involves negligible or no expansion of existing facilities and is exempt under Class 1 of Section 15301 of the California Environmental Quality Act. Lead Agency Contact Person Reina Kapadia Telephone 714.573.3118 Iffiled by applicant: 1. Attach certified document of exemption finding. 2. Hasa notice of exemption been filed by the public agency approving the project? ❑ Yes ❑ No Date A) • lG O (c Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder Illill !1111 II!II VIII VIII dill VIII illll VIII !1111 Iilll II!II IIII Till 43.00 200685001106 09:17am 10/17/06 90 67 201 0.00 43.00 0.00 o.00 0.00 0.00 0.00 0.00 Elizabeth A. Binsack Community Development Director October 9, 2006 Tutorwhiz, Inc. Attn: Drs. Naren and Anne Mehta P.O. Box 746 Placentia, CA 92871 SUBJECT: CONDITIONAL USE PERMIT 06-014 Dear Drs. Mehta: 'It,of Tustin =tin. h 1130 The Zoning Administrator at a regular meeting on October 9, 2006, approved the subject project. This action may be appealed to the Planning Commission by any person submitting a petition indicating why the action or a condition is being appealed along with an appeal fee as established by the City Council. The Zoning Administrator's action will become final unless an appeal petition and fee as noted above are received by the Community Development Department by 5:00 p.m. Monday, October 16, 2006 (Tustin City Code Section 9294). The executed copy of Zoning Administrator Action No. 06-007 is attached for your records. Should you have any questions about the Planning Commission's action, please do not hesitate to contact me at (714) 573-3118. Approval of Conditional Use Permit 06-014 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form in accordance with Condition No. 1.4 of Exhibit A. In addition, a "Notice of Discretionary Permit Approval and Conditions of Approval" form is required to be signed and notarized by the property owner. This form is required to be recorded with the Orange County Recorder's Office and returned prior to building permit issuance. Copies of these forms have been enclosed for your convenience. Also attached is a Customer Service Evaluation form. It would be appreciated if you could take a few minutes to complete and return the form to the City. The form will be kept in confidence and your response can be anonymous. Your comments are valuable to us and will enable the City to better serve you and our other customers in the future. Sincerely, ,7 ,_V 'ai Reina Kapadia Assistant Planner cc: Sidney Mirrafati, Mira Properties, LLC, 1101 Bryan Avenue, Unit G, Tustin, CA 92780 Enc: Zoning Administrator Action 06-007 Agreement to Conditions Imposed Form Agreement with Conditions of Approval Discretionary Permit Approval Customer Service Evaluation Form S:\Cdd\Reina\CUP\CUP 06-014 Tutorwhiz\tn-nc�-na 7e -.,.,.,,..i q^CY December 6, 2006 Dr. Anne Mehta Tutorwhiz, Inc. P.O. Box 746 Placentia, CA 92871 SUBJECT: CONDITIONAL USE PERMIT 06-014 Dear Dr. Mehta: Citi of 'Tustin 300 Centenniai 'flay Tustin, CA 927130 714.573.3100 On October 9, 2006, the City of Tustin Zoning Administrator approved a Conditional Use Permit (CUP) to establish a tutoring and counseling facility at 740 EI Camino Real. Our records indicate that some conditions of approval are still outstanding. Please review the Conditions of Approval for the project, specifically Conditions 1.3, 2.2, 3.3, and 5.1, and ensure compliance. The conditions of approval must be met before the City can issue you a business license. Please note that operating a business without a business license is considered a violation of the Tustin City Code. A copy of Zoning Administrator Action No. 06-007 is attached for your reference. Should you have any questions, please contact me at (714) 573-3118. Sincerely, Reina Kapadia Assistant Planner Enc: Zoning Administrator Action No. 06-007 cc: Scott Reekstin, Senior Planner SACdd\Reina\CUP\CUP 06-014 Tutorwhiz\Reminder COA letter.doc 8 t-omr-rl;-ir ty-Eev,-1,i,pment Cepartment September 13, 2006 Naren Mehta Tutorwhiz, Inc. P.O. Box 746 Placentia, CA 92871 City of Tustin RE: COMPLETENESS OF APPLICATION FOR CONDITIONAL USE PERMIT 06-014 Dear Dr. Mehta: 1.;73.100 Thank you for your application submittal, received August 14, 2006, requesting authorization to establish a tutorial facility located at 740 EI Camino Real. Your application is identified as Conditional Use Permit 06-014. The Community Development Department has reviewed your submittal and in conformance with Government Code Section 65943, your application is considered complete. Your project will be tentatively scheduled for the October 9, 2006, meeting before the Planning Commission. The Planning Commission meeting begins at 7:00 p.m. in the City Council Chambers located at 300 Centennial Way. You or a representative are encouraged to attend this meeting. A copy of the meeting agenda and staff report for your project will be available on the Thursday prior to the scheduled meeting. Please let me know prior to this date whether you would like the information made available to pick up at our offices or mailed as soon as it is ready. Should you have any questions regarding this project, please contact me at (714) 573-3118 or by electronic mail at rkayadia(aD-tustinca.orQ. Sincerely, `-A� Reina Kapadia Assistant Planner cc: Dana Ogdon S:\Cdd\Ryan\CUP\CUP 06-014 Tutorial\CUP 06-014 Complete.doc AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Tustin News , a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on August 24, 1928, Case No. A-601 in and for the City of Tustin, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: September 28, 2006 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: September 28, 2006 The Tustin News 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION E rC L11!FM-35`V r�Il OFFICE-TUSTIN CITY CLERK Proof of Publication of STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) 1, ELOISE HARRIS, the undersigned, hereto declare that I am a citizen of the United States and a resident of the State of California; that I am over the age of eighteen years, and my business address is 300 Centennial Way, Tustin, California. On September 28, 2006, 1 placed a true copy of the attached document in a sealed envelope with postage thereon fully prepaid, in the United States mail at Tustin, California, to the addresses on the attached list. I declare under penalty of perjury that the foregoing is true and correct Executed at Tustin, California, on September 28, 2006. &��- klv-�- ELOISE HARRIS FORMSAELOISEaffadvd.doc CITY OF TUSTIN OFFICIAL NOTICE OF PUBLIC HEARING Notice is hereby given that the Zoning Administrator of the City of Tustin, California, will conduct a public hearing on October 9, 2006, at 10:30 a.m. in the Community Development Department Conference Room located in the City Hall at 300 Centennial Way, Tustin, California, to consider the following: Conditional Use Permit (CUP) 06-014 A request by Dr. Anne Mehta, on behalf of Tutorwhiz, Inc., for authorization to establish a tutoring/counseling facility in an existing 1,757 square foot office building at 740 El Camino Real. The subject property is located within the Central Commercial (C-2) zoning district, where schools are conditionally permitted per Tustin City Code Section 9233(c)(e). The Zoning Administrator may modify the request as a result of the public hearing. This project is Categorically Exempt pursuant to Section 15301, Class 1 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). If you challenge the subject item in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Tustin at, or prior to, the public hearing. If you require special accommodations, please contact the Community Development Department secretary at (714) 573-3106. Information relative to this item is on file in the Community Development Department and is available for public inspection at City Hall. Anyone interested in the information above may call the Community Development Department at (714) 573-3118. Pamela Stoker City Clerk Publish: Tustin News September 28, 2006 RVIWAII,IN� E..1-0. E},kPFK �CT1C , Ali.'. `'- 1E0 i [NITtAI` t�A i I, 9 �JS'f & RAI)IU5 i�101 Pol E PRapE 'V ,-� CITY ��`�L �� If you require special accomm dati e contact Tustin City Hall, 300 Centennial Way, Tustin 92680, (714) 573-3000. 401-631-15 401-631-01 401-631-13 William Zappas William Zappas William Zappas 3922 Emerald St Office 3922 Emerald St 3922 Emerald St Torrance, CA 90503 Torrance, CA 90503 Torrance, CA 90503 401-642-10 Neldon Dickey 2301 Campus Dr 150 Irvine, CA 92612 401-661-46 Ambrose Lane Maintenance Corl 3090 Pullman St Costa Mesa, CA 92626 401-631-12 State Of California 2501 Pullman St Santa Ana, CA 92705 401-641-06 Willard V Oconner 125 W Main St Tustin, CA 92780 401-661-04 Fong John 2005 Trust 621 Ambrose Ln Tustin, CA 92780 401-661-07 Karen L Mercadante 639 Ambrose Ln Tustin, CA 92780 401-661-10 Firouzeh Akhavi 657 Ambrose Ln Tustin, CA 92780 401-661-14 Alexander C Vanson 13878 Platt Way Tustin, CA 92780 401-642-11 401-661-44 V Cutler Ambrose Lane Maintenance Cort 2301 Campus Dr 150 3090 Pullman St Irvine, CA 92612 Costa Mesa, CA 92626 401-642-13 401-642-03 Charles W & Patricia Ford Tustin Properties Llc 16492 Barnstable Cir 30952 Cypress P1 Huntington Beach, CA 92649 Laguna Niguel, CA 92677 401-642-02 Christina Corea-Rossetti 1214 W 18Th St Santa Ana, CA 92706 401-641-05 Makena Great American 1450 E1 Camino Real Tustin, CA 92780 401-661-05 Christopher W & Mindy 627 Ambrose Ln Tustin, CA 92780 401-661-08 Medhat R Boktor 645 Ambrose Ln Tustin, CA 92780 401-661-12 Christopher Young 13890 Platt Way Tustin, CA 92780 401-661-15 Chiou-Jivan Huang 13872 Platt Way Tustin, CA 92780 401-641-03 Willard V Oconner 125 W Main St Tustin, CA 92780 401-641-02 Tustin Motor Lodge 750 E1 Camino Real Tustin, CA 92780 401-661-06 Smith Brock Weld 633 Ambrose Ln Tustin, CA 92780 401-661-09 Melody A Weaver 651 Ambrose Ln Tustin, CA 92780 401-661-13 Neilson Tieu 13884 Platt Way Tustin, CA 92780 401-661-11 Patricia Railey 2324 Valley Glen Ln Orange, CA 92864 401-631-09 401-631-16 401-631-18 Eduardo Bottger Eduardo Bottger Eduardo Bottger 11107 Meads 11107 Meads 11107 Meads Orange, CA 92869 Orange, CA 92869 Orange, CA 92869 401-631-20 Eduardo Bottger 11107 Meads Orange, CA 92869 *** 33 Printed *** 401-631-21 Eduardo Bottger 11107 Meads Orange, CA 92869 401-641-01 MIRA PROPERTIES, LLC 685 NYES PL LAGUNA BEACH, CA 92651 401-631-19 State Of California 650 Howe Ave C Sacramento, CA 95825 New Century Title Company 200 E. Sandpointe, Suite 800 Santa Ana, CA 92707 Phone No. (714) 429-2400 Preliminary Report To: To Follow Attn: ESCROW OFFICER Reference No.: Mirrafati Order No.: 4062646 RE: 606 EI Camino Real, Tustin (City), CA In response to the above referenced application for a policy of Title Insurance, NEW CENTURY TITLE COMPANY hereby reports that it is prepared to issue, or cause to be Issued, as of the date hereof, a United Capital Title Insurance Company Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, ten or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list Copies of the Policy forms should be read. They are available from the office which issued this report. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. The farm of policy of title Insurance contemplated by this report is: California Land Title Association Standard Coverage Policy - 1990 Cita Homeowners policy (6/2/98) American Land Title Association Residential Title Insurance Policy (6/1/87) x American Land Title Association Loan Policy (10/17192) Dated as of: August 03, 2006 Q 7:30 a.m. New Century Title Company By: &4a Bernadette Bras/I.R. Fax# (714) 429-2470 TITLE ORDER NUMBER: 4062646 SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this report is a: A fee Title to said estate or interest at the date hereof is vested in: Sid J. Mirrafati, a married man as his sole and separate property subject to item #11 The land referred to in this report is situated in the County of ORANGE, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. A 2006 3 9 A M NO. 9628 P. 5/23 Order Nu, 4062646 Exhibit "A" That portion of Block "B" of the South Tustin Tract, in the City of Tustin, County of Orange, State of Califomia, as per Map recorded in Book 1 Page(s) 99 of Miscellaneous Maps, in the Office of the County Recorder of said County, described as follows; Beginning at the intersection of the Southwesterly line of the land described in the deed to the State Highway, recorded September 8, 1932 in Book 574 Page 187 Official Records (being the Southwesterly line of Laguna Road) with the Easterly line of "D" Street as shown on said Map' thence Southeasterly 150 feet along the Southwesterly line of said Laguna Road, thence at right angles to said last mentioned course, Southwesterly 80 feet; thence Westerly to a point on the Easterly line of said "D" Street, said point being Southerly 173 feet along said rzastedy line from the point of beginning; thence Northerly 173 feet to the point of beginning. TITLE ORDER NUMBER: 4062646 Schedule B At the date hereof, Exceptions to coverage, in addition to the printed exception and exclusions contained in said policy form would be as follows: 1. Property taxes, including any assessments collected with taxes, to be levied for the fiscal year 2006-2007 that are a lien but not yet payable. 2. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2005 - 2006. 1 st Installment: $3,615.57 (Paid) 2nd Installment, $3,616.57 (Paid) Exemption: None Code Area: 13049 Assessment No.: 401-641-01 3. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Part 0.5, Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing with Section 76) of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in schedule A; or as a result of changes in ownership or new construction occurring prior to date of policy. 4. The lien, if any, which may be levied under a Community Facilities Act of 1982, pursuant to the provision of Chapter 1.6, Part 1, Division 2 Title 5 of the Government Code of the State of California, by reason of the fact that said land may fall within such a district. Said lien, if any, may be incorporated into the regular property tax bill and may be a part of the General Tax collections process. 5. The right of way for and the right to operate, maintain, repair and replace and underground water pipe lines as now existing on said land, as reserved in the deed from J.P. Hatzfield and wife to Lewis C. Elliott and wife, recorded January 20,1949 in Book 1789 Page 510 Official records, 6. A right of way for pipe lines and Incidental purposes of the Santa Ana Valley Irrigation Company as shown on Map field December 6,1965, in Book 31 Page 20 of Records of Surveys, in the Office of the County Recorder of Orange County, California, over the Northeasterly portion of said land. 7. An easement for the purpose shown below and rights incidental thereto as reserved in a document. Purpose: Street and highway Recorded: January 25, 1963, in Book 6408 Page 848 Official Records Affects: Over that portion of said land described therein. 8. An unrecorded Lease with certain terms, covenants, conditions and provisions set forth therein. Disclosed by: Subordination Agreement Recorded: July 30,1998 as Instrument No. 19980490844, Official Records. TITLE ORDER NUMBER: 4062640 Schedule B 9. A deed of trust to secure an indebtedness in the original amount shown below: 10. 11 12. 13. 14. Amount: $595,800.00 Dated: August 16, 2004 Trustor: Sid J. Mirrafati, a married man as his sole and separate property Trustee: Borrego Springs Bank, National Association Beneficiary: Borrego Springs Bank, National Association Recorded: August 20, 2004 as Document No. 2004000760651 of Official Records. An assignment of all monies due, or to become due as rent or otherwise from said land, to secure payment of an indebtedness, shown below and upon the terms and conditions therein Amount: $595,800.00 Assigned to: Borrego Springs Bank, National Association By: Sid J. Mirrafati, a married man as his sole and separate Property Recorded: August 20, 2004 Document No. 2004000760652 of Official Records The effect of a deed Transfer tax: None Dated: Sid J. Mirrafati, a married man as his sole and separate property Grantee: Mira Properties, LLC, a Delaware Limited Liability Company Recorded: December 30, 2004 as Document No. 2004001156435 of Official Records. Any defect or invalidity of the title to the estate or interest of the grantee herein arising out of or occasioned by the execution of that certain above referenced deed. For the purposes of title insurance, this company requires that an affidavit executed by the grantor above and acknowledged by a notary, known to the title company, along with a statement of information be submitted to this office for review and approval, in order for this company to show title vested In the above named grantee. Said affidavit will be provided by this company. Matters which may be disclosed by an inspection or survey of said land or by inquiry of the parties of possession thereof. An inspection of said land has been ordered. This may reveal matters that would cause the Company to add additional exceptions to the report. Any rights of parties in possession of said land, based on any unrecorded lease, or leases. This company will require that a full copy of any unrecorded lease be submitted to us, together with all supplements, assignments and amendments, before issuing any policy of title insurance. TITLE ORDER NUMBER: 4062646 Schedule B 1s. Any easements not disclosed by those public records which impart constructive notice and which are not visible and apparent from an inspection of the surface of said land. END OF EXCEPTIONS TITLE ORDER NUMBER: 4062646 Additional Notes And Requirements Continued 1. The interest, if any, of parties in possession of the herein described property. This company requests that a current rent roll/tenant list be submitted. 2. Note: The requirement that a statement of partnership be recorded for the partnership named below, as provided in section 15010.5 California Corporation Code, and that this company be furnished with a complete copy of the partnership agreement and any amendments thereto for our review at least 2 weeks prior to closing. Partnership: Mira Properties, LLC, A Delaware Limited Liability COmpany 3. Note.: We will require a statement of information from the parties named below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said land but which, if any do exist, may affect the title or impose liens or encumbrances thereon. Parties: All Parties (Note: The statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed statement of information assists the Company In the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the statement of information is essential and will be kept strictly confidential to this file.) 4. Note: The only conveyances affecting said land, recorded within twenty four (24) months of the date of this report are as follows: Grantor: Sonaz Mirrafati Grantee Sid J. Mirrafati, a married man as his sole and separate property Recorded: August 20, 2004 as Document No. 2004000760649 of Official Records. Grantor: Mark S. Ervin, a married man as his sole and separate peroperty Grantee Sid J. Mirrafati, a married man as his sole and separate property Recorded: August 20, 2004 as Document No. 2004000760650 of Official records. Grantor: Sid J. Mirrafati, a married man as his sole and separate property Grantee Mira Properties, LLC, a Delaware Limited Liability Company Recorded: December 30, 2004 as Document No. 2004001156435 of Official Recordsl 5. Note : This report is preparatory to the issuance of an ALTA Policy of Title Insurance. We have no knowledge of any fact which would preclude the issuance of said ALTA Policy with Endorsement No. 100 attached. There is located on said land the following: Commercial 605 EI Camino Real Tustin (City), CA TITLE ORDER NUMBER: 4062646 NOTES AND REQUIREMENTS NOTE A: If any Deed of Trust in favor of "Private Parties" is to be omitted from Policy of Title Insurance, we will require that the original Note, Deed of Trust and properly executed and notarized Request for Reconveyance be surrendered prior to close of escrow. 'To avoid potential delays, please forward said document at least one week prior to close. NOTE B: Section 12413 1, California Insurance Code, commonly known as Assembly Bill 512, became effective January 1, 1990. This legislation deals with disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law requires that all funds deposited and collected by the title entity's escrow and/or subescrow account prior to disbursement of any funds. Some methods of funding may subject funds to a holding period which must expire before any funds may be disbursed, In order to avoid any such delays, all funding should be done through wire transfer, certified check or checks drawn on California financial institutions. NOTE C: On July 1, 1985, Assembly Bill 3132 became effective. Assembly Bill 3132 adds and repeals portions of Sections 480.3 and 480.4 of the Revenue and Taxation Code of the State of California, The act requires the County Assessor and/or Recorder to make available a statutorily prescribed form entitled "Preliminary Change of Ownership Report". Said report must be completed by the buyer and filed concurrently with the recordation of the documents evidencing the change of ownership. Failure to present the Change of Ownership Report at the time of recordation will cause the County Recorder to charge an additional $20.00 penalty recording fee. The fee cannot be charged if the transfer document is accompanied by the affidavit stating that the buyer/transferee is not a resident of the State of California. This report is for official use only and is not open to public inspection. For further information, contact the Change of Ownership Section in the Assessor's. Office located in the County of said property or the County Recorder's Office located in the County of said property. NOTE D: Effective January 1, 2000, New Century Title Company will charge a Reconveyance Service fee to effectuate the recording of a reconveyance of Deed of Trust, under which any Deed of Trust is paid off through its subescrow or any of its escrow branches. This Reconveyance Service Fee covers all the cost of preparation of and recordation of the appropriate documentation By proceeding with the transaction, after the receipt of a Preliminary Report, all parties involved in any transaction with New Century Title Company acknowledge and consents to the charge of a Reconveyance Service Fee. NOTE E: if applicable. Please note the followinn: The land referred to in this Preliminary Report was identified in the order application only by street address or assessor's parcel number. This land has been located on the attached map. The use of a street address or assessor's parcel number creates an uncertainty as to the correct legal description for the land Involved in your transaction. Please review the map. Is the correct land located on the map? If your transaction Involves other land or more land or less land than that located on the map you should immediately advise your title officer or escrow officer. NOTE F: Attached are Privacy Policy Notices in compliance with the Gramm -Leach -Bliley Act (GI -BA) effective July 1, 2001 Please review said Notices regarding personal information. CLTA PRELIMINARY REPORT FORM b. Note : The charge for a policy of title insurance, when issued through this title order, will be based on the short-term rate. CLTA PRELIMINARY REPORT FORM AFFIDAVIT ORDER NO.: 4062646 RE: DEED LACKING MONETARY CONSIDERATION OR UNINSURED/UNESCROWED With reference to the deed from Grantor, to , Grantee, dated and recorded on , as instrument no. records of county. THE FOLLOWING QUESTIONS ARE ANSWERED FOR THE PURPOSE OF ENABLING NEW CENTURY TITLE COMPANY AND/OR ITS UNDERWRITER TO PASS UPON THE SUFFICIENCY OF SAID DEED: Were the grantor and grantee related? If so, state relationship 2. Was the deed a true gift deed? If not, state reasons 3. What is the value of the property? 4. Despite the lack of monetary consideration, was there other adequate consideration given for the deed? If so, please explain briefly how consideration was paid. 5. Were federal or state gift taxes paid in connection with the above referred to conveyance either by the grantor or grantee in the deed? 6. What was the age of the grantor at the date of signing the deed? 7. At the date of signing the deed, what was the grantor's physical condition? What was the grantor's mental condition? 8. Was the deed actually delivered to the grantee? 9. Where has the deed been since it was signed? _ 10. Who is currently occupying the premises located on said land? Nature of Interest? 11 Is the grantor now deceased? If the answer is yes, please also complete items 19 through 27 below. 12 What is the grantor's current physical and mental condition? 13. Did the grantee have an agreement to act or was he/she acting as a foreclosure consultant? 14 Was the grantor facing a foreclosure or serious financial problems (outstanding debt) at the time the deed was signed? 15. Has the grantor been provided an option to repurchase the property? TITLE ORDER NUMBER. 4062646 IF THIS COMPANY IS REQUIRED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB -ESCROW ACCOUNTS, THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS ARE ONE BUSINESS DAY AFTER THE DAY DEPOSITED_ OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. IF FUNDS ARE TO BE DEPOSITED WITH New Century Title Company BY WIRE TRANSFER, WIRE FUNDS THROUGH THE FEDERAL RESERVE BANK: CREDIT TO: THE ACCOUNT OF New Century Title Company WIRE TO: Comerica Bank 275 Battery Street, Suite 1100 San Francisco, CA 94111 ABA: 121137522 Account Number: 1892102946 FURTHER CREDIT TITLE ORDER NO, TITLE ORDER NUMBER: 4062646 BY ORDER OF BUYER OR SENDER OF FUNDS SPECIAL INSTRUCTIONS: PLEASE REFERENCE CUSTOMER'S NAME ON ALL WIRES CLTA PRELIMINARY REPORT FORM 18. If known, what is the grantor's current address and telephone number? 17. Has the grantor, to the best of your knowledge, ever filed for bankruptcy, or other debtor relief provisions, under the bankruptcy laws? If so, when? State other facts if known: 18. if the grantee is taking subject to trust deeds or encumbrances placed on the property by the grantor, explain the circumstances for this action. IF THE GRANTOR IS DECEASED, PLEASE COMPLETE THE FOLLOWING: 19. What was the date of grantor's death? —_ 20. Have the last illness and burial expenses of the grantor been paid? 21. Are there any other unpaid debts of the decedent? 22 Who are the heirs of the grantor? 23, if applicable, why was the deed not recorded until after the grantor's death? 24. Are there children or deceased children of the grantor? 25. Did the decedent leave a will? Note: If the answer to the question is "Yes", a copy of the will must be attached hereto. 26. Did decedent execute deeds to other property that were not recorded until after death? If so, to whom? 27. What was the value of all other property owned by decedent at time of death? DATE: August 10, 2006 STATE OF CALIFORNIA COUNTY OF first being duly sworn, deposes and says that the answers to the foregoing questions were made by affiant under penalty of perjury: that they are true and affiant certifies and declares that he/she will testify or depose before any competent tribunal, officer or person in any case now pending or hereafter instituted, to the truth of the foregoing answers and each of them AFFIANT SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF 2006 NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE TITLE ORDER NUMBER. 4062648 PRIVACY POLICY NOTICE We collect nonpublic personal Information about you from Information you provide on farms and documents and from others who are involved In your transaction. We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to non-public personal information about you to those employees who need to know such Information In order to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with federal regulati ms to protect your nonpublic personal Information. When we request information from'you or about you, It is for our own legitimate business purposes and not for the benefit of any unaffiliated party. We will obey the laws governing the collection, use and dissemination of personal data and will endeavor to educate our employees on the responsible collection and use of personal Information. Our Privacy Policy Is set forth below. If you have any questions about it, please call our legal department. PURPOSE OF THIS NOTICE Title V of the Gramm -leach -Bliley Act CGLBA") generally requires a financial institution (which term includes title Insurers, underwritten title companies and time proviolng real estate settlement servkes) to disclose to all its customers the privacy policies and practices with respect to information shaft of consumer nonpublic personal information with both affiliates and non-affiliated third parties. In compliance with GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of New Century Title Insurance Company, a Capital Tide Group Company. This disclosure does not apply to business, commercial or agricultural transactions. We may collect nonpublic personal Information about you from the following sources: • Information we receive from you, such as on application or other forms, • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer -reporting agency. • Information we receive from others Involved In your transaction, such as the real estate agent, lender, surveyor or appraiser. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to non- affiliated third parties as perrrdtted by law. TINS includes, but Is not limited to, financial service providers (e g., banks, consumer finance lenders, securities and Insurance companies, etc.), non-financial companies (e.g., settlement or fulfillment service providers, or title plant operated by a third party vendor). WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW - United Title Insurance Company And New Century Title Company 7577 Mission Valley Rd., Suite 101 San Diego, CA 92108 Privacy Policy Notice We are committed to safeguarding customer information; When we request information from you or about you, A is for our own legitimate business purposes and not for the benefit of any unaffiliated party; TITLE ORDER NUMBER: 4062646 We use personal consumer information only for legitimate business purposes in a manner consistent with title insurance and escrow practices in compliance with applicable laws and regulations; We will obey the laws governing the collection, use and dissemination of personal data; and We will endeavor to educate our employees on the responsible collection and use of personal Information, PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally requires a financial institution (which term includes title insurers, underwritten companies and those providing real estate settlement services) to disclose to all its customers the privacy policies and practices with respect to information sharing of consumer nonpublic personal information with both affiliates and non-affiliated third parties. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of New Century Title Company. This disclosure does not apply to business, commercial or agricultural transactions. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms • Information about your transactions we secure from our files, or from our affiliates or others • Information we receive from a consumer -reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent, lender, surveyor or appraiser - Unless it is specifically stated otherwise in a amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we coiled about our customers or former customers to our affiliates or to non-affiliated third parties as permitted by law This includes, but is of limited to, a title Plant operated by New Century Title Company. In order to provide for title insurance underwriting, in order to protect against actual or potential fraud, unauthorized transactions, claims, or other liability, Information related to the issuance of the title policy, its amount and the exceptions to coverage therein, is provided to non-affiliated title plants which house not only land title public records and information regarding the physical characteristics of the property, but also information regarding the issuance of this and other title policies and title exceptions therein. The title plant information is available for the use of all licensed title insurance companies or underwritten title companies participating in the title plant and doing business in the county in which the property is located. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. CLIA PRELIMINARY REPORT FORM Addendun A(Rev CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY • Asha EXCLUSION FROM COVERAGE The following matters are expressly excluded from the coverage of this poky and the Company will not pay loss or damage, costs attorney's fee or expenses which arise by reason of: I (a) Any law, ordinance or government regulation (Including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (I) the occupancy, use, or enjoyment of the land; (It) the Character, dimensions of location of any Improvement now or hereafter erected in the land; (110 a separation In ownership or a change In the dimensions or area of the land or any parcel of which the land is or was a part; or (Iv) environmental protection, or the effect of any violation of these laws. ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the pubes records at Date of Policy (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2 Rights of eminent domain unless notice to exercise thereof has been recorded In the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser rot value without knowledge 3 Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the pubes records at Date of Policy. but created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the Insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the Insured clalmart became an Insured under this policy (c) resufting In no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting In loss or damage which world not have been sustained if the insured claimant had paid value for the Insured mortgage or for the estate or interest Insured by this policy 4 Unenforceabilty of the lien of the Insured mortgage because of the Inability or failure of the insured at Date of Policy, or the Inability or failure of any subsequent owner of the indebtedness. to comply with the applicable doing business laws of the state In which the land Is situated 5 Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and Is based upon usury or any consumer credit protection or truth In lending law 6 Any claim. which arses ort of the transaction vesting In the Insured the estate of Interest insured by this policy or the transaction creating the Interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar credftors' rights laws EXCEPTIONS FROM COVERAGE • SCHEDULE B. PART I This pollcy does not Insure against loss or damage (and the Company wiN not pay costs, attorneys' fees or expenses) which arise by reason of: I Taxes or assessments which are not shown as existing Hens by the records of any taxing authority that levies taxes or assessments on real property or by the public records 2 Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the public records of such agency or by the public records 3 Any facts, rights, Interest, or claims which are not shown by the public records but which could ascertained by an inspection of the land which may be asserted by persons In possession thereof 4 Easements. liens or encumbrances, or claims thereof, which are not shown by the public records 5. Discrepancies, conflicts In boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records 6 (a) Unpatented mining claims; (b) reservations or exceptions In patents or in Acts authorizing the Issuance thereof; (c) water rights, claims or title to water. whether or not the matters excepted under (a), (b) or (c) are shown by the public records CLTA PRELIMINARY REPORT FORM HOMEOWNER'S POLICY OF TITLE INSURAAMCB NIA LAND TITLE CLASSOCIATION p ONS �d an ALTA Polley (Rev 10.1748) In addition to the Exceptions In Schedule B. You are not Insured againstloss, coats, attorneys' fees and expenses resulting from: 1 Govemmenlal police power. and the existence or violation of any law or government regulation This Includes ordinances, laws and regulations concerning: (a) building (b) zoning (c) Land use (d) improvements on the Land (e) Land division (n environmental protection This Exclusion does not apply to violations or the enforcement of these matters If notice of the violation or enforcement appears in the Public Records at the Polley Date This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16,17 or 24 2 The fakure of Your existing structures, or any part of them, to be constructed In accordance with applicable building codes. This Exclusion does not apply to violations of building codes If notice of the violation appears In the Public Records at the Polley Date 3 The right to take the Land by condemning it, unless: (a) a notice of exercising the right appears In the Public Records at the Policy Date; or (b) the taking happened before the Polley Date and Is binding on You If You bought the Land without Knowing of the taking 4 Risks: (a) that are created, allowed, or agreed to by You, whether or not they appear In the Public Records; (b) that are Known to You at the Policy date, but not to Us, unless they appear In the Public Records at the Policy Dale; (c) that result In no loss to You; or (d) that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8 d, 22, 23,24 or 25 5 Failures to pay value for Your Title 6 Lack of a right: (a) to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) In streets, alleys, or waterways that touch the Land This Exclusion does not AmH the coverage described In Covered Risk t 1 or 18 AMERICAN LAND TIASSOCIATION RHSWENTIAL TITLE I URANCE POLICY (9.1-87) EXCLU31ONS In addition to the Exceptions In Schedule B, you are not Insured against resulting from: loss, coals, attorneys' fees and expenses 1 Governmental police power, and the existence or violation of any law or government regulation This includes building and zoning ordinances and also laws and regulations concerning. • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear In the public records at Policy Date This exclusion does not limit the zoning coverage described In Hems 12 and 13 of Covered Title Risks 2 The right to tale the land by condemning H, unless: • a notice of exercising the right appears in the public records on the Polley date; • the taking hbappened prior to the Policy Date and is binding on you if you bought theland without knowing of the taking 3 Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Day - unless they appeared In the public records • that result In no loss to you CLIA PRELIMINARY REPORT FORM • that first affect your title after the Policy Day - this does not limlt the labor and material lien coverage in Item 8 of Covered Title Risks 4 Failure to pay value for your title 5 Lack of a right: • to any land outside the area specifically described and referred to In Item 3 of Schedule A OR • in street, alleys, or waterways that touch you land This exclusion does not limit the access coverage In Item No 5 of Covered Title Risks AMERICAN LAND TITLE ASSOCIATION LOAN POLR;Y1l10.17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE AMERICAN LAND TITLE ASSOCIATION (LEASEHOLD LOAN POLICY (1017-92) WITH ALTA ENDORSEMENT - FoRM t COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I (a) Any law, ordinance or governmental regulation (Including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (0) the character, dimensions or location of any improvement now or hereafter erected on the land; (Bq a separation In ownership or a change in the dimensions ar area of the land or any parcel of which the land Is or was a part; or (Iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a nonce of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy (b) Any governmental policy power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, Ben or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dale of Policy 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of Policy, but not excluding from coverage any taking which as occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge 3 Defects, Bens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded In the Public records at Date of Policy, but known to the Insured claimant and not disclosed In writing to the Company by the Insured claimant prior to the date of Insured claimant became an Insured under this policy, (c) resulting in no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insured the priority of the lien of the Insured mortgage over any statutory Ben for services, labor or material or to the extent insurance is afforded herein as to assessments for street Improvements under construction or completed at Date of Polley); or (e) resulting In loss or damage which would not have been sustained If the insured claimant has paid value for the Insured mortgage 4 Unenforeeabloty of the lien of the Insured mortgage because of the inability or failure of the insured at Date of Policy, or the Inability or failure of any subsequent owner of the indebtedness, to Comply with applicable doing business laws of the state In which the land Is situated 5 Invalidity or unenforceabBly of the lien of the Insured mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured mortgage and is based upon usury or any consumer credit protection or truth in lending low 6 Any statutory Ben for services, labor or materials (or the claim of priority of any statutory Ben for services, labor or materials over the (len of the Insured mortgage) arising from an Improvement or work related to the land which is contracted for and commenced subsequent to Date or Policy and is not financed in whole or In part by proceeds or the indebtedness secured by the Insured mortgage which at Date of Policy the Insured has advanced or Is obligated to advance 7 Any claim, which arises out of the transaction creating the interest of the mortgagee Insured by this policy, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that Is based on; (1) the transaction creating the Interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer, or CLTA PRELIMINARY REPORT FORM On the subordination of the Interest of the Insured mortgagee as a result of the application of the doctrine or equitable subordination; or (IN) the transaction creating the interest of the Insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the Instrument of transfer, or (b) of such recordation to Impart notice to a purchaser for value or a judgement or Nen creditor The above policy forms may be issued to afford either Standard Coverage or Extended Coverage In addition to the above Exclusion from Coverage, the Exceptions from Coverage In a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company WIN not pay costs, attorneys' fees or expenses) which arise by reason of: 1 Taxes or assessments which are not shown as exiling Hens by the records of any taxing authority that levies taxes or assessments on real property or by the public records Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2 Any facts, rights Interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons In possession thereof. 3 Easements, Hens or encumbrances, or claims thereof, which are not shown by the public records 4. Discrepancies, conflicts In boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records 5 (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (o) are shown by the public records AMERICAN LAND TITLE ASSOCIIATITION owNER'S POLICY (10 17.92) AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10.17.921 EXCLUStON FROM COVERAGE The following matter; are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fee or expenses which arise by reason of: 1 (a) Any law, ordinance or government regulation (Including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating. prohibiting or relating to (Q the occupancy, use, or enjoyment of the land; (N) the character, dimensions or location of any Improvement now or hereafter erected on the land; (114 a separation In ownership or a change in the dimensions or area of the land or any parcel of Witch the land Is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, Nen or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the pubes records at Dale of Policy (b) Any government police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect. Nen or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy 2 Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge 3 Defects, liens, encumbrance, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured claimant (b) not known to the Company, not recorded In the public records at Date of Policy, but known to the insured claimant and not disclosed In writing to the Company by the Insured claimant prior to the date the Insured claimant became an insured under this policy (c) resulting In no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the estate or Interest Insured by this policy 4 Any claim, Which arises out of the transaction vesting in the Insured the estate or Interest Insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that Is based on: CLTA PRELIMINARY REPORT FORM (i) the transaction creating the estate or Interest Insured by this policy being deemed fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or Interest Insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument or transfer, or (b) of such recordation to Impart notice to a purchaser for value or a judgement or lien creditor The above policy farms may be issued to afford either Standard Coverage or Extended Coverage In addition to the above Exclusion from Coverage, the Exceptions from Coverage In a Standard Coverage Policy will also Include the following General Instructions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys, fees or expenses) which arise by reason of: 1 Taxes or assessments which are not shown as existing kens by the records of any taxing authority that levies taxes or assessments on real property or by the pudic records Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the pudic records 2 Any facts, rights interests or daima which are not shown by the pudic records but which could be ascertained by an Inspection of the land or by making inquiry of persons in possession thereof. 3 Easements, kens or encumbrances, or claims thereof, which are not shown by the pudic records 4. Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other fads which a correct survey would disclose, and which are not shown by the public records 5 (a) Unpatented mining claims; (b) reservations or exceptions In patents or In Acts authorizing the Issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) as shown by the public record ALTA EXPANDED COVERAGE RESSAENTIAL LOAN POLICY (Io/13/01) EXCLLISIONS FROM COVERAGE The WaMig matters are expressly excluded horn gta Covarags of this Poky and the Company win mol pay loss - d—ap costs. atlornsyt feet or expenses which arias by reason of 1 (a) Any law, ordinance or governmental regulation (Includhg but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (n the occupancy, use, or enjoyment of the land; (ft) the character, dimensions or location of any improvement now or hereafter erected on the land; (Oi) a separation In ownership or a change In the dimensions or areas of the land or any parcel of which the land Is or was a part; or {iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, ken or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the Public Records at Date of Policy This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, ken or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public; Records at Date of Poky This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the Pudic Records at Date of Poky, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge 3 Defects, liens. encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insurance Claimant and not disclosed in writing to the Company by the (c) Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does not Omit the coverage provided under Covered Risks 8, 16, 18, 19, 20. 21, 22. 23, 24, 25 and 26); or ALTA EXPANDED COVERAGE RESIDEWKL (e) resulting In loss or damage which would not have been sustained If the Insured Claimant had paid value for the Insured Mortgage 4 Unenforceability of the Nen of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the Ina llty or failure of any subsequent owner of the Indebtedness, to comply with applicale doing business laws of the state in which the Land Is situated 5 Invalidity or unenforceabUUy of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law 6. Real property taxes or assessments of any governmental authority which become a Nen on the land subsequent to Date of Poffcy This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 28 7 Any claim of Invalidity, unenforceabtihy or lack of priority of the lien of the Insured mortgage as to advances or modifications made after the Insured has knowledge that the vestee shown in Schedule A Is no longer the owner of the estate or interest covered by this policy This exclusion does not Nn* the coverage provided In Covered Risk 8 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all Interest charged thereon. over hens. encumbrances and other matters affecting the title, the existence of which are known to the Insured at: (a) the Ume of the advance; or (b) the time a modification Is made to the terms of the Insured Mortgage which changes, the rate of Interest charged, if the rate of Interest is greater as a result of the modification than U would have been before the modification This exclusion does not timk the coverage provided In Covered Risk 8 9. The (allure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy In accordance with applicable building codes. This exclusion does not apply to violations of building codes If notice of the violation appears In the Public Records at Date of Policy zZztU Z 30 er�mmo, 9692906 :sspzp 69't06 a loss®rsy ,&6uw.To .uoTldg=sva a N 402-37 uAl RE7 AO OP a 0 'o ti O tb O k O L ?C H i _ LA64INA ROA d a O a LA4 i �AH+ADOM[p S/gff1J 9 N cc:" �n�n�b UO yy4 � CD x �y��5 w w -L4 ymm4pa "� ro O0 n x Qr �pC ACp E �I m ii, a nma i A sw e. a 0 500-15-�) Project Description COMB UNITY DEVELOPMENT )EPARTMENT DEVELOPMENT APPLICATION FORM Assessor's Parcel No. OI (, - p/ Project Address EG Zoning District IAJ Present Use of Property 0 FF1 Co Proposed Use of Property Q F ce s Existing Entitlements affecting the property Lot Size _ 10. on Building Size , 757 447 '(Existin(3) `7<7t, Property Owner Name .---,' (Z t`&„ v `std M, a►e.a,�e�, Company M I PtATr Address City, State & Zip Code --L!7 h Phone (75�—� �, 7 Cellular Phone3—5-�4--72__._ Fax ( 7) 5�f�j .�6�0 Electronic Mail Address IXgAF,q Applicant Name (if different) Company Address City, State & Zip Code Phone (-Ji _02 5-5- qd Fax ( 714 ) d gl - 5"2 75- FAI Cellular Phone ( 95-/ ) V--51q•5-V Electronic Mail Address-Jurv/2G�/,cI/z,,,Z Consultant or Contact Name (if different) _ AJIA Company Address City, State & Zip Code Phone Cellular Phone ( ) Fax (_� Electronic Mail Address office Use CA C JP ZENT: .kempt litiai study ❑ leg Dec p la, ❑; sig.: 300 Centennial Way, Tustin, California 92780 • 714-573-3140 e FAX 714-573-3113 mv. t#'' tlttt t`i,r.11 tlttl/� 1.l t i t t.. l Designation of person(s) to whom notices should be sent pursuant to Code of Civil Procedures Section 1094.6: 9 -t- A .. _. r-: M c u -TA Name Mailing Address City, State & Zip Code c Electronic Mail Address -LU 12 aJ L- tr,r..,rr Name Mailing Address City, State & Zip Code Electronic Mail Address . _ ..E o. -~%arty (attach a separate sheet 9 necessary) Supplemental Application Form Attached:Variance/Minor Adjustment. o Sign Code Exception (check if applicable) E] Alcoholic Beverage Sales Establishment "SEE AtTACHEla SIGNATURES & ACKNOWLEDGEMENTS CERTIFICATE— I hereby certify that I am the owner of the real property described in this application. I hereby acknowledge that ity this application may not be considered complete until tf ae notified on contained irinthis application, Dc including all epartment consistent with State law. I hereby certify that all of supplemental application forms, and other submission materials as specified in the informational required plans, the Community Development Department has been submitted, and the information handout provided to me by is to the best of my knowledge and belief, true and correctly represented. Should any or alt of the information agree to defend, indemnity, and hold the City of Tustin harmless from submitted be false or incorre 9 liability and loss y ason o � c on any such information. I hereby grant the City the authority place a public h � jo ice on th subject operty d a public hearing is required. D/TE1 'ED SIGNATURE* PRINT NAME , . .�• 'z"a' • APP I A T'S NOTARIZED SIGNATURE W _ _ tow ft"i nntarized wri Maw ')/C, 6 P INT NAME DAT authorization also must be notarized. 300 Centennial Way, Tustin, California 92780 a 714-573-3140 • FAX 714-573-3113 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of (')f' (,fie On o ou before me, NKA (',nOt ay n (�Q� � t^y �il�i r ate Name and Title of Officer (e.g.,J "Jai Notary Pu I�� personally appeared _ yp�—j,!(i ,ria �'�� Name(s) of Signer(s) ❑ personally known to me )<(or proved to me on the basis of satisfactory evidence) ALKoir CHowww- >r to be the person whose name(sare subscribed to the CwMft a 18�� hin instrur�r({ent and acknowledged to me that �Y n�b�c — Carloirdo 04p eat(he he/they xecuted the s e in his/her/their authorized O&W�ccMr. aftoa . AVapacity ' s), and that by i er/their signature �on the instrument the per in , or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signatur Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER rte""y,.z._:. © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 ' No. 90 � ree 1-8 76- Item No. 5907 ~ Reorder: CaN Toll -Free 1-800-87g-6827 CALIFORNIA ALL-PURPOSE ACKN0WUFnd-_ueu-r State of California County of 0RPAN G -t- ss. On AU (A ( V , o . o -n 6, before me, V I J Pt YR P}]ol NOT14{Z Q Date Name and Tftle of Otlfcer (e.g.. -Jane Doe, Notary Pubifc")� � I personally appeared M -H Tpr. 4t4 p ^N I g.g bHX11 CH -t (} r Name(s) of Signer(e) VNAY K/1RDANI�� NOTARY PUHUC • CAUFORNIA COMMISSION 1137376{ ORANGE COUNTY @MY Comm. Exp. September 0, 2006 EJ personally known to me )( proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)'Ikare subscribed to the within instrument and acknowledged to me that he/ehe/they executed the same in gWA:�eNtheir authorized capacity(ies), and that by N94her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand d official seal. Place Notary Seal Above t tura P OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: V�V Crt,o(� rv��——r Prp� t� T l o ice( f'fl iZ 1N) Document Date: Signer(s) Other Than Named Above: Capaclty(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: 1997 National Notary Association . cnrn r), c- e.,., .- Number of Pages: 0 N e RIGHT THUMBPRINT' OF SIGNER -'"` , ­ "JISC4Vd Prod, No. 5907 Reorder. Call Toll -Free 1-800.878-6827 COMMUNITY DEVELOPMENT DEPARTMENT ice, a -g's—mm CAMPAIGN CONTRIBUTION STATEMENT I, the undersigned, OK . -A?Q n/� in connection with and p a part of my application for State as follows in order to effect compliance with Government Code Section 84308 et seq. Within the last twelve (12) months, I have made the following campaign contributions to a member or members of the: ❑ Planning Commission Date(s) of Contribution (s): / _�Ah,,, t- I Contribution(s) paid to: Contribution(s) for: Amount of Contributions(s): (If no contributions were made, write "none.") I declare under penalty of perjury that the foregoing is true and correct. Executed this i b day of _ ,��r Fr -u.7- , 200, at California. Print Name Signature f 300 Centennial Way, Tustin, California 92780 • 714-573-3140 • FAX 714-573-3113 APPLICATION ACCEPTANCE CHECKLIST APPLICATIONS Completed Application Forms Completed Supplemental Application Forms Signed Owner's Affidavit Signed Campaign Contribution Statement Preliminary Title Report Preliminary WQMP OCFA Service Request Form PLANNING FEES Fees Paid Receipt No. Itemize: 300' RADIUS MAP TWO SETS OF PREGUMMED MAILING LABELS PLANS Site Plan Conceptual Grading Plan Tentative Map Landscaping Plan Elevations Color Plans PHOTO REDUCTIONS TO 8%" x 11" MATERIAL SAMPLE/COLOR BOARD Accepted by: Date: Case Nos.: Forms:CurrentPlanning:Applicabon Acceptance Checklist2 Yes No (Initial) (Initial) COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 9278o (714) 573-3105 ENVIRONMENTAL INFORMATION FORM (To Be Completed by Applicant) I. GENERAL INFORMATION I Name and Address of Developer or Project Sponsor: 2. Address of Project:_ ie /— �A M A/��f1 L % a) —14,4 ! 7-1,4 3. Assessor's Parcel Number: -' 016 41— 0/ GA 4 Name, address, and telephone number of person to be contacted concerning this project: r% A 5. Indicate the type of permit applications for the project to which this form pertains: GUllo 6. List and describe any other related permits not listed above and other public approvals required for this project, including those required by city, regional, state, and federal agencies: NSA 7. Existing zoning district: C 2 S. Proposed use of site ject for which this form is filed): Eklsr/..,_ - %a Z "40 kv�,c ,h .91 II. AZ- Z- -S' rFWeeDescription 1. Site size: _ l D; O O -U 2. Square footage: j 7 5'7 Lk ���wCciRio ) 3. Number of floors of construction: '0 - 1 4. Amount of off-street parking provided: 5. Existing and proposed impervious surface coverage: (Impervious surface coverage includes all paved areas and building and/or structure footprints.) 6. Attach project plans, including conceptual grading plans and a list of structural Best Management Practices (BMPs) that are anticipated to be included in subsequent Water Quality Management Plans (WQMPs). 7. Proposed scheduling: t' -f /A' 8. Associated project: /11 /A 9. Anticipated incremental development: IV)A 1o. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected: A// ii. If commercial, indicate the type, whether neighborhood, city, or regionally oriented, square footage of sales area, and loading facilities: A-I,)A- 12. If industrial, indicate type, estimatedemployment per shift, and loading facilities: 13. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: iJ2j'a- _ 14. If the project involves a variance, conditional use, or rezoning application, state this and indicate clearly why the application is required: nwo ENVIRONMENTAL IMPACTS Are the following items applicable to the project or its effects? Discuss all items checked yes on additional sheets and attach as necessary. YES NO 1. Change in existing features of any bays, tidelands, beaches, lakes, or hills or substantial alteration of ground contours. ❑ 2. Change in scenic views or vistas from existing residential areas, public lands, or roads ❑ 3. Change in pattern, scale, or character of general area of project. ❑ 4. Significant amounts of solid waste or litter. ❑ 5. Change in dust, ash, smoke, fumes, or odors in the vicinity. ❑ [� 6. Change in ocean, bay, lake, stream, or ground water quality or quantity, or alteration of existing drainage patterns. ❑ 7. Substantial change in existing noise or vibration levels in the vicinity. ❑ 8. Site on filled land or on slope of 10 percent or more. El H 9. Use or disposal of potentially hazardous materials, such as toxic, flammable, or explosive substances. ❑ �. 10. Substantial change in demand for municipal services (police, fire, water, sewage, solid waste/recyclables, etc.). ❑ 11. Substantial increase in fossil fuel consumption (electricity, oil, natural gas, etc.). ❑ R 12. Relationship to a larger project or series of projects. ❑ ,Q 13. Describe the project site as it exists before the project, including information on topography, soil stability, plants, and animals and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structyres. Atta h photographs of the site. Snapshots or Polaroid photos will be acceptable. Al /�} r7...,:_ 14• Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -backs, rear yard, etc.) Attach photographs of the vicini . Snapshots or Polaroid photos will be accepted. n I %} III. CERTIFICATION I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date 4 0 04-- Environmental Information Form ( rev. 2003) Signature _ &6ml& Name tel: Title ORANGE COUNTY FIRE AUTHORITY PLANNING AND DEVELOPMENT SERVICE REQUEST SR NUMBER Please review the Submittal Criteria Form and complete the Permit Screening Form before completing this Service Request (SR). Be prepared to provide this SR number when inquiring about your plans. Plan status line: (714) 573-6160, Inspection scheduling: (714) 573-6150, General questions (714) 573-6100. Plan submittal information maybe downloaded from our website at www.ocfa.org. 1. Submitted by `b 9, o4 E M611 T—A J uu7-v ��✓f4l' Phon Address — www.ocfa.org. 2. Project Name (be specific)_ C0 C)6 (D 1(. . Project Address�� ` Project City _ Zip code It Z '7 9t, D Pro,,ide one or more ofrhe tollowing: Tract/Lot # Tentative Tract/Lot # Parcel # f Tract, tentative tract or parcel number is required for approval ..,a.... 3. I hereby authorize the following project plan review services. 1 am aware that additional services may be required to complete this project and agree to Pay all fees. 1260 acknowledge receipt of a copy hereof. ■•j Signed:. Date: _60104 0 -1 A I%I"U (1(/1V: IN"I i F" (Wrn VV I f — „- Exhibit E Property profile information submitted by applicant December 11, 2007 Agent Full Report Jigar Shah COM Cancelled 730 EI Camir NO picture available Commercial Tue, Dec 11, 2007 04:50 PM Tustin (TUS) Commercial Price $ 1,089,000* S385449 Media: 0 Area Tustin (71) Orange County (OR) APNO s385449 Have Commercial Property Business Park Name XSTS Newport Av Aerial Map JV Features ADA Compliant Terms Cash, Cash To New Loan List Type Exclusive Agency/Full Service TG 83063 Zip 92780- $/SF Enclosed Yard Page 1 of 4 Tot Bldg SF 1,747 Gross Equity I I Poss Loans Free Standing Office Building,possible Medical or Retail, Check with the city. Excellant Location in the city of Tustin.Heavy Trafic. Payroll $ Financial Analysis (ANNUAL) Gross Schad Income $ 0 Tax Area Water District Vacancy Allow % $ Tax Rate Yr Tax Rate Gross Oper income $ Land $ Actual Gross Income $ Operating Exp % $ 0 Imprvmnts Pre Tax Cash $ Net Oper Income $ 0 Per Prop Loan Payment $ Total Gross Spend Income $ Cap Rate 0% Legal: Lot# 00 Bik# Trac# 00 Gross Multiplier: 27.23 X Gross financial Info As Of Unit Size LEASE Rent No Tenant Sqft TypeLg Exp /Mo 1st $ @ $ /Mo @ Due Lender Assumable Type Fee 2nd $ @ $ /Mo @ Fin Rmrks Total Assessed Value $ Down $ ebt Services $ Payroll $ Land Fee Lao / YrExp Sewer $ Supply Expense $ Utilities $ Zones: Spc Std Rd Cstl Sid Total $ 0 Building & Land Data Bldg Dim Mezz SgFt Ceiling Height Land SgFt 10,000 Land Dim Location Fire Spk Min Clear Ht Span Const Roof Tile R/Age Total Base Income /Mo Stories Year Bit 1972 / Yr Rib Overage Income /Mo Bldg Prmt Yes Zn COM #Bldg 1 #Un Tot Mo Gross Sched Income 0 /Mo Sewer Stg Tnk O/Head Crane Lot/Community Desc Floors Total Floors % of Total Value nnual Operating Expenses Plant Data Taxes (New) Elevator Power /Amp /volt /Phase Fire Ins Gardener Rail Heat Cooling Liability Ins Pkg Lots Ldng Drs #Dck #Well #Grd Gas & Elect Trash #Toilets M/ W/ Foil Skylt Water Janitor Pkg Spc 13 Ratio 7.4 Fncd Sqft Plant SgFt Parking Maint Association Office Data Management Accountant $ Tot Sqft 1,747 #Offices Advertising $ D Contract Services $ #Toilets M/ W/ A/C Y Heat Forced Air ebt Services $ Payroll $ Reserves $ Security $ Sewer $ Supply Expense $ Utilities $ Vacancy % Source of Annual Expense Total $ 0 st Office/Agent In List Office Evergreen Reams (1142) Office 949-365-1888 Fax 949-654-8855 Res 949-654-8855 List Agent Sami Fargo (sfargsam) Pager 000-0000 Cell Primary 949-654-8855 Agt E -Mail Yes Agt WSite Agent Remarks http://www.tempo.socalmis.com/SearchDetail/Scripts/PrtAgtFul/PrtAgtFul.asp 12/11/2007 , Agent Full Report Page 2 of 4 Priv Rmks Note: The property address is 605 EI Camino Real - APN 401-641-01 1 This address has been changed to 730 EI Camino Real by the city of Tustin.Please call listing agent if you need more information. Thank you. 'sting Activi ;— List Date 2/9/2005 Date Added 2/9/2005 Tran Date 10/6/2005 DOM 40 COE: 10/5/2005 LP/SgFt $ Orig Price $ 999,000 Prev Price $ 999,000 Cur List Price $1,099,000 Off Market 10/5/2005 Comp 2% The accuracy of all information regardless of source, including but not limited to square footages and lot size, is deemed reliable but is not guaranteed and should be independently verified through personal inspection by and/or with the appropriate professionals. Copyright SoCaIMLS. http://www.tempo.socalmis.com/SearchDetail/ScriPts/PrtAgtFul/PrtAgtFul.asp 12/11/2007 Agent Full Report Jigar Shah Commercial Tue, Dec 11, 2007 04:50 PM Tustin (rUS) Commercial Price $ 1,199,000 S494650 Media: 4Area Tustin (7 1) Orange County (OR) APNO S494650 Page 3 of 4 Have Business Park Name XSTS Newprt Ave. / EI Camino Real Aerial Map 41 Features ADA Compliant No Terms Cash, Cash To New Loan, Owner May Carry List Type Exclusive Right To Sell/Full Service TG 830B3 Zip 92780- $/SF 0 Enclosed Yard e Payroll $ Security $ Tot Bldg SF 1,744 Supply Expense $ Gross Equity Commercial Free Standing Single Story Building, Poss 10,000 Sq.Ft. Lot, 13 Parking Spaces Loans Financial Analysis (ANNUAL) Gross Schad Income $ 0 Tax Area Water Vacancy Allow % $ Tax Rate Yr Tax Rate Gross Oper Income $ Land $ Actual Gross Income $ 0 Operating Exp % $ 0 imprvmnts Pre Tax Cash $ 0 Net Oper Income $ 0 Per Prop Loan Payment $ Total Gross Spend Income $ Legal: Lot# 0 Bik# Trac# 75505 Cap Rate 0% Gross Muttiplier: X Gross inancial Info As Of Unit Size LEASE Rent No Tenant Sqft TypeLg Exp /Mo 1st $ 9$ /Mo @ Due Lender Assumable Type Fee 2nd $ @ $ /Mo @ % Fin Rmrks Total Assessed Value $ 0 Down $ Land Fee Lse / YrExp Zones: Spc Std Fid Cstl Sld Building & Land Data Bldg Dim Mezz SgFt Ceiling Height Land SgFt 10,000 Land Dim LocationCorner Fire Spk Min Clear Ht Span Const Roof R/Age Total Base Income /Mo Stories Year Bit 1972 / Yr Rfb Overage Income /Mo Bldg PrmtZn #Bid g #Un Tot Mo Gross Schad Income 0 /Mo Sewer Stg Tnk O/Head Crane Lot/Community Desc Floors Total Floors % of Total Value 0 Annual Operating Expenses Plant Data Taxes (New) Fire Ins Elevator Gardener Power /Amp Nolt /Phase Liability Ins Pkg Lots Rail Ldng Drs Heat #Dck #Weil Cooling #Grd Gas & Elect Water Trash #Toilets M/ W/ Foil Skylt Janitor Pkg Spc 13 Ratio 7.5 Fncd Sqft Plant SgFt Parking Open Maint Association Office Data Management Accountant $ Tot Sqft 1,744 #Offices Advertising $ D S i bt Contract Services $ #Toilets M/ W/ A/C Heat ery ces $ Reserves $ Payroll $ Security $ Sewer $ Supply Expense $ Utilities $ Vacancy % Source of Annual Expense Owner Provided Total $ 0 st Office/Agent Inf List Office Evergreen Real (H05467) Office 949-753-7888 Fax 949 654-8855 Res 949-654-8855 List Agent Sami Fargo (sfargsam) Pager 000-0000 Cell Primary 949 654-8855 Agt E -Mail Yes Agt WSite http://www.tempo.socalmis-com/SearchDetail/Scripts/PrtAgtFul/PrtAgtFul.asp 12/11/2007 Agent Full Report Page 4 of 4 Agent Remarks Priv Rmks Excellent Location, Possible Medical or Retail.Heavy Trafic, Please do not disturb Tenant, Call Listing Agent if you have any question. 949 654-8855 Listing Activity List Date 6/27/2007 Date Added 6/27/2007 Tran Date 10/25/2007 DOM 65 COE: 10/25/2007 LP/SgFt $0 Orig Price $ 1,199,000 Prev Price $ Cur List Price $1,199,000 CDOM 65 Off Market 10/25/2007 Comp 2.5% The accuracy of all information regardless of source, including but not limited to square footage—sand lot size, is deemed reliable but is not guaranteed and should be independently verified through personal inspection by and/or with the appropriate professionals. Copyright SoCaIMLS. http://www.tempo.socalmis.com/SearchDetail/Scripts/PrtAgtFul/PrtAgtFul.asp 12/11/2007 Exhibit F Zoning Confirmation letter to Dr. Mehta dated October 12, 2007 *16 Community Development Department City of Tustin October 12, 2007 300 Centennial Way Tustin, CA 92780 Dr. Ashok Mehta 714.573.3100 13771 Newport Ave., Ste. 11 Tustin, CA 92780 SUBJECT: ZONING VERIFICATION FOR 740 EL CAMINO REAL, TUSTIN, CA Dear Dr. Mehta: Thank you for your letter, received September 19, 2007, requesting zoning confirmation that a dental office can be established at the property located at 740 EI Camino Real in Tustin, also known as Assessor Parcel Number 401-641-01. The subject property is zoned Central Commercial with Combining Parking District (C-2 P) and designated as Old Town Commercial by the City's General Plan. Tustin City Code Section 9233 et. al. does not allow professional and general offices proposed at the ground floor level or over fifty (50) percent of the total building area to locate on properties fronting onto Main Street or EI Camino Real within the Old Town Commercial General Plan land use designation. To locate a dental office at the subject property, approval of a Conditional Use Permit is required and findings in support of the criteria listed in Section 9233c(y) would need to be made. The findings would need to include supporting documents and evidence stating that an office use would be more compatible with the existing and planned uses within the vicinity than a retail commercial use on the subject property and that an office use would be more beneficial in implementing applicable land use policies, such as the General Plan. Together, these documents seek to revitalize Old Town and encourage more retail and pedestrian activity in Old Town. As such, staff may not be able to support your proposal for ground floor office In addition, the use must be in compliance with the parking requirement for medical -dental offices: one (1) space for each two hundred fifty (250) square feet of gross floor area for the first 4,000 square feet of medical space within a building or center. If you have any questions with regards to this letter, please feel free to contact me at (714) 573- 3118. Si erely, r1 OeinoaKapadia Assistant Planner Attachment: TCC Section 9233: Central Commercial (C-2) S:\Cdd\Reina\Zoning Confirmationt740 EI Camino Real.doc Exhibit G Letter from McCormick, Kidman & Behrens, LLP, dated December 19, 2007 H. L. (MIKE) MCCORMICK• ARTHUR G. KIOMAN- RUSSELL O. BCHRENS' SUZANNE M. TAGUC-t DAVID D. BOYER- DANIEL J. PAYNC- 6RAOLEY O. PIERCC- ELIZABETH L. MARTYN- JOAN J. BENNETT BOYO L. HILL CODY R. BCLTRAN HANNAH BENTLCY*• TRAM T. TRAM JOHN P. GLOWACKI *A PROFESSIONAL CORPORATION *CERTIFIED SPCCIALIST - PROSATC ESTATE PLANNING i TRUST LAW THC STATE BAR OF CALIFORNIA BOARD OF LEGAL SPECIALIZATION -or COUNSEL MCCORMICK, KIDMAN & BEHRENS, LLP LAWYERS 660 TOWN CENTER DRIVE SUITE 100 COSTA MESA. CALIFORNIA 92629 TELEPHONES (714) 756-3100 (600) 755-3126 FAX (71-4) 766-3110 www.mkblawyera.com December 19, 2007 Via facsimile at (714) 835-7787 and U S Mail David E. Kendig, Esq. WOODRUFF, SPRADLIN & SMART, P.C. 555 Anton Boulevard Suite 1200 Costa Mesa, California 92626-7670 Re: 740 El Camino Real Dear Mr. Kendig: LAGUNA HILLS OFFICE: 23601 MOULTON PARKWAY SUITE 220 LAGUNA HILLS. CALIFORNIA 92663 TELEPHONE (949) 464-2206 X110 6iy DE ELfj4 We received your facsimile correspondence of today's date at 11:27 a.m. This letter responds to the outrageous position your client has taken. As an initial matter, by way of laying out the history of my office's attempt to obtain public records from your client, I went to the City of Tustin's Community Development Department on December 11, 2007, to review documents related to Dr. Mirrafati's pending CUP application. At that time Elizabeth Binsack, the Director, told me personally that Planning Department files were not organized by address and could not be searched by address, but records could only be accessed by address through an index. The footnote in your December 13, 2007, correspondence stating that Ms. Binsack performed an index search "with" me that date is patently false. Ms. Binsack informed me that the index was being searched, that some records had been located, but that they were not yet ready to be reviewed. I have not seen the index nor have I been allowed to perform any index search of public records in Tustin to this date. On December 17, 2007, we received your letter indicating that the documents we requested would be made available in a timely manner, despite repeated protestations by you and your client that our request could not be understood and required clarification. The letter stated that records had been identified and were ready for review. MCCORMICH, KIDMAN & BEHRENs, LLp LAWYERS David E. Kendig, Esq. Re: 740 El Camino Real December 19, 2007 Page 2 Following your instructions, after 4:00 p.m. on December 17, 2007, I telephoned the City Clerk's office and explained that I wanted to review the files on December 18, 2007. I explained I would arrive at 7:30 a.m., when the office opened. I was told that would be fine and that the records were ready. I arrived at City Hall on December 18, 2007, five days after you informed our office that records were ready for review. I went directly to the City Clerk's office, as your correspondence of December 13, 2007, instructed. There I was told that Redevelopment files were ready for review, but, that the Planning Department records would not be available until after 2:00 p.m. Specifically, I was told that the City Clerk's office had learned on the afternoon of December 17, 2007, that the records would not be ready until the afternoon of December 18, 2007. Meanwhile, no one told me that when I called and specifically asked if the records were ready, and no one called to tell me that at any time. On the morning of December 18, 2007, I did take the opportunity to review Redevelopment files that were made available to me and I marked, using sticky notes provided by City Clerk staff, certain records for copying. However, given that I had to return to review the rest of the documents and search the index I decided to make all the copies at once upon returning. At approximately 3:30 p.m. on December 18, 2007, I telephoned the City Clerk's office to confirm the records were available. I was again told that they were not available yet, but the woman with whom I spoke told me she would call me back when the records were available. This morning I came to the office and received a voicemail message indicating the records would actually be available in the Community Development Office conference room — not the City Clerk's office — after all. That message indicated I could return at my convenience to review the records and take copies. To summarize, our office scheduled time to review the records based upon your representations. The records repeatedly were unavailable because staff did not have them ready. Just a few hours later, we received your correspondence stating that we must review the records by 4:30 p.m. today or they will be re -filed and produced for review again only pursuant to a new Public Records Act request. This is not what you represented to the Planning Commission and it is contrary to state law. The Public Records Act clearly states that the access to records is broadly construed. Holidays or not, if you persist in that position, we will seek a writ and your client will pay attorneys' fees. Mc1;ORMICK, KIDMAN & BEHRENs. LLP LAWYERS David E. Kendig, Esq. Re: 740 El Camino Real December 19, 2007 Page 3 Your December 13, 2007, correspondence gave the impression your client was willing to work with our office and Dr. Mirrafati to review the requested records and obtain copies as needed. Your letter today ignores Government Code section 6253, subsection (a), which states, "Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law. We have agreed with you and your client only to take copies of portions of the records that we specifically request after review. That is eminently reasonable. Now you have unilaterally attempted to alter our agreement without any notice (five hours is absurd) and without any justification (your assertion that "some" of the assembled records are "active" is vague and irrelevant). Our office will review the records as soon as possible. However, your client should seriously reconsider its position on this matter. Your client is systematically denying Dr. Mirrafati access to public records relevant to a matter pending before your client's Board that directly impact his financial interests. Staff members are providing you erroneous information about their interaction with my office. The end result is a gross miscarriage of justice. Furthermore, your client has now taken ample time to purge files and delete electronic correspondences that were subject to our client's request. These events underscore the Staff Report's palpable suggestion that some improper motive underlies the Staffs recommendation to deny the CUP. If you have any questions or concerns about this matter, please do not hesitate to contact me directly at your convenience. Very truly yours, McCORMICK, KIDMAN & BEHRENS, LLP /1/ 1 6�� LIZABETH L. MARTYN JOHN PAUL GLOWACKI JPG:ddb MgCoRMICH, KIDMAN & BEHRENS, LLP LAWYERS David E. Kendig, Esq. Re: 740 El Camino Real December 19, 2007 Page 4 cc: Saved Mirrafati, M.D. Jerry Amante, Mayor Doug Davert, Mayor Pro Tem Lou Bone, Councilmember Tony Kawashima, Councilmember Jim Palmer, Councilmember William A. Huston, City Manager Jeff R. Thompson, Planning Commissioner Steve Kozak, Planning Commissioner John Nielsen, Planning Commissioner Al Murray, Planning Commissioner Charles "Chuck" Puckett, Planning Commissioner Chris Shingleton, Director, Redevelopment Agency Maria Huizar, City Clerk Exhibit H Letter from Woodruff, Spradlin & Smart, dated December 13, 2007 LAW OFFICES OF WOODRUFF, SPRADLIN & SMART A PROFESSIONAL CORPORATION 555 ANTON BOULEVARD, SUITE 1200 ■ COSTA MESA, CA 92626-7670 ■ (714) 558-7000 ■ FAX (714) 835-7787 December 13, 2007 VIA FACSIMILE AND FIRST CLASS MAIL Elizabeth L. Martyn, Esq. McCormick, Kidman & Behrens, LLP 650 Town Center Drive, Suite 100 Costa Mesa, California 92626 Re: Notice of Determination in Response to Public Records Act Dear Ms. Martyn, As you are aware, this office provides city attorney services to the City of Tustin (the "City") and has been authorized to respond to your request. The City has received and reviewed your December 7, 2007 request to inspect public records, which was received by the City Clerk on December 7, 2007. This letter will serve as the City's notice of determination as to whether or not the request properly seeks copies of non- exempt, non -privileged disclosable public records in the possession of the City, pursuant to the California Public Records Act (Government Code §6250 et seg.) The City has evaluated your request in an effort to make a determination as to whether the request seeks copies of disclosable public records in the possession of the City, The City's determination in this regard is as follows. As you know, the Public Records Act requires the City to make available public records in the possession of the City in response to a request that "reasonably describes an identifiable record or records." While it is clear that there are non-exempt, non -privileged documents that the City has made, and will continue to make, available to you and your client in response to several categories in your request, we hope by this letter to assist you and City staff in describing and identifying the particular records you seek. 1. "All documents pertaining to 740 El Camino Real from January 1, 2003 to the present, specifically including, but not limited to, the Planning Department file for that address and any notes of meetings regarding this property." The City Community Development Department does not maintain its files on an address -by -address basis. For land use approvals, the City maintains separate files by the formal application number. An address -by -address system is used for building TERRY C. ANDRUS CINDY R. BECKER ■ EDWARD L. BERTRAND ■ M. LOIS BOBAK ■ CAROLINEA. BYRNE ■ PATRICK M. DESMOND ■ JAMES M. DONICH CHRISTINA M. DOYLE JAMES H. EGGART ■ CRAIG G. FARRINGTON ■ JOSEPH W. FORBATH ■ RICIA R. HAGER ■ BRADLEY R. HOG1N ■ DOUGLAS C. HOLLAND DAVID E. KENDIG ■ EDWARD Z. KOTKIN ■ ROBERTAA. KRAUS ■ MAGDALENA LONA•WIANT w MARK M. MONACHINO ■ LAURA A. MORGAN ■ THOMAS F. NIXON BARBARA RAILEANU ■ JASON S. RETTERER r KYLE E. ROWEN ■ OMAR SANDOVAL ■ JOHN R. SHAW ■ MATTHEW R. SILVER r GREGORY E. SIMONIAN KENNARD R. SMART, JR. ■ DANIEL K. SPRADLIN ■ ALYSON C. SUH r THOMAS L. WOODRUFF 557989.1 Elizabeth L. Martyn, Esq. December 13, 2007 Page 2 permits and for business license permits; however, building permits are also categorized by building permit number. Thus, there are multiple land use, building permit and business license files associated with a given address. In order to locate all the various building permit and land use approval files associated with a particular address, a City staff member ordinarily must consult two computerized indexing systems (one indexes more recent files, the other indexes older files) and then the staff member retrieves the files identified in response to that research. In addition, the business license files are indexed in a third software system. Thus, there is not a "Planning Department file" for your client's address as the request is framed. Nevertheless, a series of records that have now been identified and remain ready for your review. It is possible that additional documents may exist that refer to the property but which are not contained in formal development application and/or in building permit files maintained by the City. For instance, the Community Development Department maintains chronological files of correspondence to the Department, which correspondence might pertain to informal matters such as "pre -application" communications with City staff. Those chronological files are maintained in date order, not organized based on their content, and those files are neither indexed nor readily searchable. If you wish to review the chronological files since January 1, 2003 to determine whether any documents refer to the property, those files will be available for your review. With that as background, the City has consulted the computerized indexing systems and determined that there are non-exempt, non -privileged files and documents pertaining to 740 EI Camino Real from January 1, 2003 to the present that have been, and that will continue to be, made available for your review. The files for CUP 06-14 and CUP 07-020 were reviewed, and copies made from those files, by Dr. Mirrafati on December 7th and by John Glowacki on December 11th. Those files will be made available again as well. Communications between the City and its City Attorney are exempt and will not be available. Cal. Govt. Code sec. 6254(k). 2. 'All documents regarding projects) within the Old Town Commercial General Plan land use designation, developed by or proposed to be developed, specifically including, but not limited to, those with/by McKenna, as well as DDA's or OPA's and offer letters." If this request seeks documents regarding just those projects developed by or with McKenna, then the City has determined that there are responsive non-exempt, non -privileged documents that available for your review. Communications between the City and its City Attorney are exempt and will not be available. Cal. Govt. Code sec. 6254(k). 557989.1 Elizabeth L. Marlyn, Esq. December 13, 2007 Page 3 " However, if this request is intended to request all documents regarding all projects" in the Old Town Commercial General Plan land use designation, throughout the City's history, and whether or not the projects involved McKenna, then locating the requested documents would be enormously burdensome and time consuming. Hundreds of properties are located within that land use designation, and hundreds of project files would likely be responsive to the request. To the extent the request is intended in that broader sense, then the request does not yet "reasonably describe an identifiable record or records." In order to assist you in making a focused and effective request that reasonably describes identifiable records, the City suggests the following alternatives, one or more of which you may choose to pursue: (a) discuss with City staff the purpose of the request so City staff can better assist you in focusing the request; (b) the City will make available to you its indexing system of the Community Development Department permit application files, and the attached address maps, to enable you to identify and request the particular project/application files you would like to review. The City will then retrieve the requested files and make them available.' 3. "Any documents regarding pending CEQA review for the projects identified in #2." City staff is not aware of any documents regarding pending CEQA review of projects developed by or with McKenna. To the extent that item 2 seeks all pending CEQA review documents regarding all "projects" in the Old Town Commercial General Plan land use designation, whether or not the projects involved McKenna, then the request does not "reasonably describe an identifiable record or records." In a good faith effort to be responsive to the request, the City notes that such CEQA review documents will be contained in, or at least referred to in, any development application files retrieved pursuant to Item 2 above. In the event a CEQA document is referenced but is not contained in the development review file you review, City Staff will retrieve the CEQA document(s) and provide them for your review. The Community Development Director performed an index search with Mr. Glowacki from your office on December 11th. City staff is prepared to assist In this manner again. 557989.1 Elizabeth L. Marlyn, Esq. December 13, 2007 Page 4 4. "Any documents, and specifically e-mails, from 2004 to the present, which specifically refer to Dr. Syd Mirrafati." The City has determined that there are non-exempt, non -privileged files and documents in application files which specifically refer to Dr. Syd Mirrafati that will continue to be made available for your review. Communications between the City and its City Attorney are exempt and will not be available. Cal. Govt. Code sec. 6254(k). It is possible that additional documents may exist that refer to Dr. Mirrafati but which are not contained in formal use permit application files maintained by the City. For instance, the Community Development Department maintains chronological files of correspondence to the Department, which correspondence might pertain to informal matters such as "pre -application" communications with City staff. Those chronological files are maintained in date order, not based on their content, and those files are neither indexed nor readily searchable. Those chronological files since 2004 will be provided so you may assess whether any documents refer to Dr. Mirrafati. 5. "Any and all documents specifically relating to the denial of the CUP for 740 El Camino Real presently agendized for the December 11, 2007 Planning Commission item. " The City has determined that there are non-exempt, non -privileged files and documents in application files which specifically related to the recommended denial of the referenced CUP application that have been, and will continue to be, made available for your review. Communications between the City and its City Attorney are exempt and will not be available. Cal. Govt. Code sec. 6254(k). 6. Any and all documents from 2003 to the present for approved uses or regarding proposed uses (whether approved or not) within the smallest (300 feet) circle shown on the map attached to this request (and attached to the December 11 agenda item described in #5 above). The Tustin Community Redevelopment Agency will provide those non-exempt, non -privileged documents dated between 2003 and the present that refer to any approved or proposed uses within the 300 foot radius. Communications between the City and its City Attorney are exempt and will not be available. Cal. Govt. Code sec. 6254(k). The City's Community Development Department maintains files of building permits and development permits that are searchable by address, as well as business licenses. Informal counter discussions about parcels within the identified circle are not maintained in searchable format, but might be reflected in documents contained in chronological files of correspondence maintained by the City. Those files are neither indexed nor readily searchable, so the City is unable to state at this time whether those 557989.1 Elizabeth L. Martyn, Esq. December 13, 2007 Page 5 files contain documents regarding approved or proposed uses in that area. As a result, the chronological files since 2003 will be provided for your review. Finally, it is noted that there are more than 30 parcels located within the 300' circle identified in this Request. In a good faith effort to respond, the City suggests that the review of the index suggested in response to Item 2 above will identify particular development application files (whether approved or not) that you wish to review that are encompassed within the 300 foot line. City Staff will retrieve for your review all such files that are identified. 7. Any documents re Tustin Motor Lodge located at 750 El Camino Way, including but not limited to, any documents concerning development or redevelopment of that parcel. By referring to "Any documents re Tustin Motor Lodge..." this request is overly broad and does not yet "reasonably describe an identifiable record or records." For instance, City documents "re Tustin Motor Lodge" might include zoning maps, flood plain maps, business licenses, phone books, water bills, planning applications, police reports, code enforcement files, etc. In a good faith effort to respond to this request, the City has run a search of the use permit file index system and will provide all development permit application files and building permit files for 750 EI Camino Way for your review. In addition, the Redevelopment Agency will provide those documents that refer to any potential involvement by the City's Redevelopment Agency in projects involving the Tustin Motor Lodge property. if you wish to review additional documents, please identify the type of document you wish to review so City staff can retrieve the appropriate file(s). Communications between the City and its City Attorney are exempt and will not be available, Cal. Govt. Code sec. 6254(k). Communications withheld due to the exemption in California Government Code section 6254(k) on the basis of the attorney-client privilege and attorney work product have been denied by the City Attorney's Office, Douglas Holland, City Attorney, and David Kendig, Assistant City Attorney. 557989.1 Elizabeth L. Martyn, Esq. December 13, 2007 Page 6 To review the responsive documents, please contact the City of Tustin's City Clerk, Maria Huizar, at (714) 573-3025 at your earliest convenience. 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Y �P lusl.11 ixu w3! 17631 nLt} ,6671 1x32 13"1 w -n' 32lblf ~ ws a eANtA A%A fR,WAY N -" 1.,to Q 13612 nt11 3 17/1! ,3w, n6sT 1>w -m Grrl nae t F Qf � ,un I3w1 I7ux 1»F.11 � kE Ib62 u071 ->I Iq� 17192 � IM71 � I361J 13691 " ,3702 � O Nsn..1 u7m wn2 13w, ,Trot um unl YS� I3or Wil_ ------ —� _�- 0 CS, dVA w LU al<.j l v b6 ON °0 -cep •I J Exhibit I Address Change Letter November 14, 2005 First Name» « Last Name» «Title» Company_Name» «Address_ Line_ 1» «Address_ Line_ 2» «City» «ZIP_Code» SUBJECT: RECENT ADDRESS CHANGE Dear ((Last Name»: Listed below is the most recent address change to the City of Tustin's addressing system. This information is provided for your use and file. CURRENT ADDRESS 730 El Camino Real NEW ADDRESS T40 El Camino Real If you have any questions, please feel free to contact me at (714) 573-3164. Sincerely, Jon Draugelis Assistant Engineer S:\Miscellaneous Engineering\Addresses\2005\740 EI Camino Real.doc Exhibit J Letter from McCormick, Kidman & Behrens, LLP, dated December 10, 2007 Dec -10-07 04:06pe H. r. MIKE) McCORMICK• ART14WR0. KIOMAN- RUSStL.. O. SLHRCN4- SUZANryt M. 7A6U["1 DAVID O. ■OYCR- DANIEL J. PAYNE- 4RAOLtY 0. PIERCE- CLIZAOSTH 6. MARTYN- JOAN J. IWKNNCTT 60Y0 L. HILI. EDDY R. SELTRAN MICHACL O. CARTER HANNAN H6NT64Y-- TRAM Y. TQAN JOHN P. OLOWACKI -A PPOMWONM. COWIP* AT" ICOITIFICD SPSCIAWOT • FROtATR CSTATZ MLANMN6 L TRUST LAW THE STATS 4M OF CAura"m b4ARO OF LEGAL SPCCM.LIZATIOk —O► COV"CL FrIm-NcCORMICK, KI WN i BEHRENS LLP 714-755-3110 Chair and Members Planning Commission Elizabeth A. Binsack MCCORMICK, KIDMAN & BEHRENS, I-I.P LAWYERS 1000 TOWN CILNTIck ORIVt SUITE 100 COSTA U3MSA. e.uanrj"A e>veae TELEPHONES 17141756-3100 14001 7SS-3124 FAX 17141 754-7110 *W*.MkbW*y*V-COM December 10, 2007 Director, Community Development Department City of Tustin 300 Centennial Way Tustin, California 92780 T-962 P.02/07 F-403 LAGUNA HILLS OFFICE: 33401 MOULTON PARKwAY SUITE 220 LAGUNA HILLS. CALIFORNIA 42643 TCLCPHONC {5441;64-2206 Re: Sayid Mirrafati, M.D. CUP 07-020 — December 11, 2007, Planning Commission Agenda Dear Chair, Commissioners, and Ms. Binsack: Our office represents Sayid Mirrafati, M.D., and his company, Mira Properties, LLC, which owns the property located at 740 El Camino Real in Tustin, California. There is presently Pending an application for a Conditional Use Permit ("CUP'l for that property to be used for a dental practice by Ashok Mehta, D.D.S. The staff is recommending denial of that CUP. This letter points out why that recommendation legally is incorrect and unsupported by the Tustin Municipal Code and the evidence. Therefore, we ask that this use be granted as of right or that staff be directed to administratively grant a CUP. First, let us provide some background not disclosed in the Staff Report. Unfortunately, Dr. Mirrafati has not been allowed to see the Planning Department file for this property and so we cannot cite you to documents in that file which provide this background. (We have made a Public Records Act request but have been told the file will not be available until after this hearing) We reserve all rights to provide additional information and argument. DIC -10-07 04:06pe Fr=-McCORMICK, KI WN i BEHRENS LLP 714-T66-3110 T-962 P.03/0T F-403 MCCORDtIc& KYnx&x & BZHRENS. LLA 1-AWYERS Elizabeth A. Binsack Re: Sayid Mirrafati, M.D. December 10, 2007 Page 2 Dr. Mirrafati is a cosmetic surgeon who purchased this property in August 2004; at that time it was being used as professional offices for an engineering firm. Formerly the property housed an osteopathic doctor and a chiropractor. In the 1970's the property was an antique store, but closed because the location could not support a retail use. Before he purchased the property, Dr. Mirrafati confirmed with Planning Staff (specifically, `Brad") that the property could be used for physicians' offices. In 2005, he provided the City with architectival drawings to locate his office there. The City indicated for the next year that they would, "work with" Dr. Mirmfati, and that there were pending amendments to the code which would support his proposal and he would, "come out of tho circle." In fact, that was not the case; as explained in the Staff Report, new, more restrictive office use provisions were pending. Any argument that Dr. Mirrafati failed to utilize the property is the result of Staff, "working with" him to allow its use. By 2006, Dr. Mirrafati had determined that he would sell the property because of problems working with the City. I3owever, when buyers approached the City, they were told that they would have to have at least fifty percent (500N.) retail to be able to operate at the location. This occurred despite the fact that the ordinance imposing such requirement did not go into effect until October 18, 2006. In fact, before that date (i.e. before there was any retail requirement) Planning Staff administratively granted a CUP for the property for Tutor Whiz. Tutor Whiz is not a retail operation. and only incidentally sells study materials as part of its program. This CUP remains in effect but apparently staff does not consider the use to be "long- terrm." At this point, Dr. Mirrafati finally has found another buyer for the property (although at a reduced price). Dr. Mirrafati and Dr. Mehta have finalized a purchase -sale agreement for the property and have entered into escrow. One of the conditions of the sale is that Dr. Mehta be permitted to use the property for a dental practice. To that end, he has applied for this CUP. We have recently received the Report to the Planning Commission regarding the application, although as discussed in detail below our client has been denied any opportunity to review the planning file for the subject property. Our review of the Report shows that a number of aspects of the Report are unacceptable and its recommendation that the CUP be denied is not supported by law or fact. Dec -10-07 04:07pa Fr=-WcC0R111CK, KIDMAN A BEHRENS LLP 714-T56-3110 T-062 P.04/07 F-403 MCCORXICIt. KIDXAlq & Blo:HRENS, LLP I.AWY W IRX Elizabeth A. Binsack Re: Sayid Mirrafati, M.D. December 10, 2007 Page 3 No CUP is necessary for Dr. Mehta to operate a dental practice at the subject property. Tustin City Code section 9233, subsection (a)(l)(g) addressed uses permitted as of right, and includes "professional offices" which do not front on El Camino Real. In contrast, Section 9233, subsection (c), sets forth Conditionally Permitted Uses for the Central Commercial District that the subject property occupies. Section 9233, subsection (c)(y) specifically regulates, "Professional and general offices $oaring onto Min Street or gl C mina Rei ..." We have found no definition of fronting" in the Tustin Municipal Code, and so we attribute to it its common meaning, i.e. that the front entrance of the building is on that street, particularly since the point of the new subsection is to attract retail customers, While the subject property's address is on El Camino Real, the reality is that the building on the property does not front on El Camino Real. Instead, the front entrance of the building faces southeast, directly onto El Camino Way and on the opposite side of the building from El Camino Real, which runs behind the building. The northeast facade of the building, which directly faces El Camino Real, does not have any windows or would not be allowed for signage. The parking lot is to the south and southeast of the building, with driveways from El Camino Way and El Camino Real. The Report assumes without discussing that the subject property fronts onto El Camino Real. Plainly, the building does not front onto El Camino Real and as such the property is not subject to the requirement of a CUP for a dental practice. Rather, Section 9233, subsection (axl)(g) applies and the dental practice is a permitted use. 'Therefore, the use is one permitted as of right and denying the CUP is irrelevant to any owner's ability to operate a professional office at the subject property pursuant to the Tustin Municipal Code. Even if a CUP were necessary to operate a professional office at the subject property, the requirements for issuing a CUP have been met. The Report fails adequately to address the factors set forth in Tusdn Municipal Code section 9233, subsection (y). As to subsection (y)(1), the professional use would be absolutely consistent with existing uses, The Report acknowledges a history of office use as far back as 1972. Office use continues to the present day, as the building is presently occupied by a tutoring and counseling office. The Report flatly errs in stating that office use lapsed for more than twelve (12) months after adoption of the new retail requirements, as the tutoring and counseling business with its minimal retail area is certainly a Predominantly Office use as opposed to retail and was granted weeks before the new ordinance took effect. As such, pursuant to Tustin City Code section 9273, the purportedly nonconforming use is "grandfathered" into compliance. Indeed the present building is not amenable to retail use. Dec -10-07 04:07pe Frm-WORMICK, KI MM i BEHRENS LLP 714-756-3110 T-902 P.05/07 F-403 MCCORWICK, FCIDX. X & HRl�RA NS, LLP LAWYERa Elizabeth A. Sinsack Re: Sayid Mirrafati, M.D. December 10, 2007 Page 4 Subsection (y)(2) sets forth five criteria, "one or more" of which must be met to support a CUP for the proposed professional office use. Satisfying any one of these elements justifies granting the CUP and there is no "inability to positively make" the necessary finding as to any of the five criteria. Subsection (y)(2)(a) states: "The proposed use is to be located in an existing building originally designed. built, and occupied as offices or converted to office use pursuant to an approved building permit." This building was designed for office use and has been used exclusively for office use since at least 1972, as the Report acknowledges. The current use is predominantly as offices. There has been no lapse of any length of time from the office use. The Planning Commission already approved a CUP for the tutoring and counseling business, which is substantially similar to the proposed dental practice; in fact, the proposed use would likely generate more retail business than the present use. Subsection (y)(2)(b) states, "The proposed use is to be located in an existing building that because of its design and orientation is impractical to modify or alter to accommodate retail establishments." Here, the building faces directly away from, and lacks any entrance or even windows facing, El Camino Real. It is unreasonable to conclude that such a facade would entice retail foot traffic. The Report's conclusion that the building is a "prune location for a retail establishment" is directly contradicted by the numerous potential purchasers and expo that Dr. Mirrafad can identify who would testify that there are significant obstacles preventing any predominantly retail use of the building. The Report here explicitly acknowledges, as stated above, that the present use is an office use even though immediately above the Report purports to rely on the statement that the current use is retail. The Report's conclusion is simply unsupported by the facts. Subsection (y)(2xc) states, "The proposed use is to be located in an existing building requiring significant reconstruction that is not economically feasible or practical to accommodate retail establishments." This is satisfied here because the existing building would require significant reconstruction to accommodato any retail use and it is not economically feasible. As noted above, numerous potential purchasers and experts will testify that predominantly retail uses are not practical absent significant reconstruction. The Report acknowledges that, "the building is currently oriented towards the interior of the lot," and relies on the notion that "the addition of some storefront elements along the elevation of El Camino Real could feasibly transform the structures to accommodate retail." This conclusion is simply unsupported in fact given the design of the building. Placing a sign on an otherwise bare wall — essentially what the Report suggests — will not transform this building, which in its design and prior use is shown to be clearly for offices, into retail space. Once again, the Report explicitly acknowledges in its comments on this element that the current use is as an office and that the building's design and orientation are best suited to office use. DIC -10-07 04:07po Fran-*CORMICK, KIDMAN A BEHRENS LLP 714-755-3110 T-082 P.06/07 F-403 MCCO2XIcR, KliDxAx & HaHnm;s, LLP 6AWYi14f Elizabeth A. Binsack Re: Sayid Mirrafati, M.D. December 10, 2007 Page 5 Subsection (y)(2)(d) states, "The proposed use is to be located in a multi -tenant retail center and is ancillary but complementary to the remaining mixed uses with respect to type of use, hours of operation, convenience, and parking demand." In its analysis, the Report conveniently and inexplicably ignores the fact that the nearby "retail" plazas on which the Report relies to justify denying the CUP actually contain both a dental practice and a chiropractic office. Such offices are commonly found mixed in among retail establishments across southern California. Certainly these uses are ancillary to the remaining mixed uses in terms of typo of use (there are other professional offices), hours of operation (which are similar if not identical to most retail establishments), convenience, and parking demand (the Report ignores the fact that there is insufficient parking under the Municipal Code for retail use of the building's square footage). Subsection (y)(2)(o) states, "Tho proposed use is determined to be beneficial, complementary, and compatible with surrounding neighborhood and nearby retail establishments." The report suggests, in analyzing subsection (yX2)(e), that a dental practice would not attract "multi -trip retail" customers to the extent that a travel agency or tutoring facility would attract. This is mere conjecture. One might just as easily conclude that patrons of dental offices do visit additional businesses in the same trip, and there is certainly no support for the notion that no one is ever dropped off at a dental practice as a child might be a tutoring facility. The conclusion is unfounded. There is no inability here to find positively that the proposed use is beneficial, complementary, and compatible with surrounding uses. As noted above, there are already professional offices mixed in among the surrounding retail uses, specifically including a dental practice. 3. Staff&= 10 Have Del .i■ ■ M1 mV1., W Ig Sly; 1P to El=i m Muisition of the Pro Throughout the Report the Planning Commission suggests that the dental practice would "not be more beneficial in implementing applicable land use policies" (page 3), "lengthen the nonconforming use indefinitely and hinder the potential for retail or redevelopment" (page 4), "necessitate tenant improvements ... impairing the opportunity for retail at this location in the reasonable and foreseeable future" (page 4). Taken in its entirety in light of the specific points lacking support cited above as well as the overall lack of depth in the analysis of the Report, and considering that Dr. Mirmfati was refused the opportunity to review the public records in the planning file, the suggestion of an improper motivation for denying the requested CUP is palpable. We do not know what the planning Commission's motivations are, but it is clear that the Report on its face does not justify denying the requested CUP. Dec -10-07 04:06pm From-*CORMI CK, KIDMAN i BEHRENS LLP 714-766-3110 T-382 P.07/07 F-403 MCCOBMCN, 1E IDUAN & HBHRZNS, "r LAW Y C!!S Elizabeth A. Binsack Re: Sayid Mirmfati, M.D. December 10, 2007 Page 6 A cause of action lies where a public agency takes pre -condemnation steps that drive down the value of a property. At the time Dr. Mirrafati purchased the property, the previous owner also was approached by the developer of the nearby strip center. The developer determined not to make a offer on the property because he could not acquire the motel, but staff repeatedly has indicated that the City or RDA is interested in acquiring the property because it is the "gateway" to the area. The long time delay, inconsistent answers, intentional misinterpretation of the code requirements, and finally denial of access to public records strongly suggests there is an improper motive here. Now, the agreed sale price represents a significant decrease in value since the Planning Commission began denying other similar CUP's in the same area. If the City intends to condemn this property outright then it has no right to drive down the property's value in advance without paying just compensation for what amounts to a pre - condemnation taking of private property. The repeated references to redevelopment in the Report suggest this might be the underlying intent. That is absolutely not a proper reason for denying the requested CUP. Please contact us at your earliest convenience and in advance of the hearing tomorrow to discuss this matter. We hope to resolve these issues quickly. Very truly yours, MCCORMICK, KIDMAN & BEHRENS, LLP LIZABETH L. MARTYN JOHN PAUL GLOWACKI JPG:ddb cc: Sayid Mirrafad, M.D. (via U.S. Mail) David K.endig (via electronic mail at dkendig@wss-law.com and U.S. Mail) Exhibit K Letter from Jigar Shah, dated December 20, 2007 cletilyll, 02 J Discovery 100 W Valencia Mesa Dr. Fullerton, California 92835 Business (714) 626-2000 Web Site www.C21 Discovery.com Office 1982-2005 December 20, 2007 To Reina Kapadia, Associate Planner City of Tustin 300 Centennial Way Tustin, CA 92780 Dear Reina: RE: Conditional Use Permit for 740 El Camino Real As you are aware we had submitted some information on 12/11/2007 relative to this property being in the market listed with Evergreen Realty in 2005 and 2007. I am also enclosing the listing details of 2006. I am also aware that there were several inquiries during such time. I am also made aware that majority of the potential buyers were either Dentists, Physicians or a Professional wanting to open an office rather than any kind of retail. This property is about 1768 square feet. If someone buys it for about $ 1,150,000 and ends up spending another $ 500,000 to $ 600,000 towards making a retail outlet, it would become almost $ 1,000 per square feet. The rents do not justify under such scenario especially since it is not a major thoroughfare. I am convinced that a Dental office with retail component would bring more business and prosperity for other businesses and City. Thanking ou, Ji ar Shah (JR) . STANDARD OWNER -AGENCY AGREEMENT FOR SALE OR LEASE OF REAL PROPERTY (Non -Residential) AIR COMMERCIAL REAL ESTATE ASSOCIATION 1. SAOIC PROVMHowS (-ULG= pR0VjS1pNS»), 1'1 Pero— Tfia Ow—Agenhem PAW --'W% dead fo mf&W a purposes ny March 13, 2006 in made by and between Sid Mirrafati, M.D. whose eddl, is 11101 Bryan Avenue, Suite G Tustin CA *MPIXM m+nberIJ4 544-8678 , Fax No. (_) (earner, end Lee a Associates* - Newport Beach Inc. whose address is 3991 MacArthur Blvd., Suite 100 Newport Beach CA 92660 telephonenumbw(949)724-1000 (" Fax Na 949 833-0608 11 Propertyf/Pr wHM The real property, ora pordan two&, wdieh Is the s *0d of fhls Aprawrwt Is mnmoNy known by the street address Of 730 E1 Camino Real f ftd n the Coy of Tustin cow* of Orange Staled California and 9endhdesobedas(daacrfb "ft 1henaft"offtprapwtyk__ an approximate 1,747 square foot office building on approximately 0.23 acres (-Property'. (3ee 4100 Paragraph 3). 1.3 Terra of Agewnent The Reath of We AkFeernerd OVA owra wxr on March 15, 2006 and expke at 8:00 p.m. n September 30, 2006 as t may be ederxted (-T*" ). (See 400 4) 1.4 Traas.dm: The natue of the Vwmwknt corowrirg me Property fa wiioh Apart is -Vbyad rTran _"ern') N (0101* ft apprgwt1 a ban(a)): (a) ® A sats W the fosowkng sale prbe end temy; at terms acceptable to Owner, acceptance being a fully executed purchase and sale agreement — -. —'m -m" eemw w apse careened in ft "STANDARD OFFER, ALIT AND ESCROW INSTRUCTIONS FOR THE RMOHASE OF REAL ESTATE' PrrbOshsd by ft AIR ComrrrcW Rsel ENNs Assodaticn (-A"t ), or for such otter mts and b r., agreeable to Owner. (b) ® A leas or odw wasroy for on tr>iaskhp We and femr at terms acceptable to Owner, acceptance being a mutuallyexecuted lease document arrraw w mare mnfahed In 018 appwpriste AR base form or ler such O#W hart and Oarnhhe egree0bb to Owner. Z VWLUW4ffLWLOYMENTAND MGM 2.1 Owner herby WVbys Agwt es Owrrrs sole end as kW" @W* 10 mpreswt Ovmw h Oke Thvm&cflon and to And bWm or Wessee nares Clew M' , a ftcase may be, for Ohs PwParty. Agent WW We roaorrby dNO Am' 11 to find such buyers or lessees. AN eg noBa- and d emosfona for a Trarreckn shell be mnducbd by Apart on bel of Owrw. Owner MW pwnyly dbdose end row b Agwt ar 1VOWN Or =46ft reotlred by Owner ham any mums ragW & • pm" Trarmwft . 2.2 Owner SURVIzes Agerht be (a) Pbce edvartiskg slgns on Or Pmperq, (b) Plow a bcc boot an ahs Rvpaty U vacate; (C) Acsept departs hen pal intW bjy— ar fosses: and bel corte(d) D kMom*6* h g ft "b to P�ip�s h THE MLLTPLE (-MULTrUr) of Or AIR anchor any atltar approprbts khb madon provided ktkg serti0e, to odw brokers, and to po11mOel hN" a lases d ft Property. Owner OW Msn* as ^cordldsnlW any Agwt that Owner connkkn rnnfidwft end dose not ward dkrdMed. AN other nPorrrW Provided by Owner may be decbsed n Apert may dawn approprlem or nsosesay. Aflw cams n Won of a Trarnaef ; Agent may publbbs the w= of am h Transacbn. 2.3 Agent sIW comply wart ft Rules Of ProlbabrW CMW d the AIR. O a Member or O not, ft Rules of Profess on el Conduct Of ft Sw* d ktdA&W end Ofr" Re"Ors, and"solemn One Property b fir MULTIPLE. Agwt sfW 000/008110 w M partbfparts in ft MULTIPLE and may, at A WS WK00n, cooPe eta wkh am reel "We brokers (ookWvdY-C0WW4d g Broker'). A Cooperatlnp 81may. n 8 fhkdlmq berwk1my homed, enface dr tams d fhb Agreernert agakrt Owner oAg"Ap0100 2.4 If ft Trartseedon is a sale and Agett tide a prosped tm buyer far ft Property, or if ft Tramactbn b a bas and �toA Co su HPMPMY. Owner hereby a dorbes AgOt deo to reprawl end act a ft8gat for such buyer or bases. Owner oawants RSM dW« IseWaaes or* and Iktds such a buyer or base, Um Agan slhel ad a Ch agent ler omw only, ftCoupw dng Braker WAW act a mnrrrisalan pW by or s ly, and #0 CoopwWng &aka WW not be Ownw's agert, even though Ore Cooperaft Brdw my shwa n the Agwt. operatnp Braker W W net be an spent or srbagat of Owner o ent srnwirg pro++*p . d+kg to onbrery andrwrnsl taxa of nwkedng nr PmpaAy, respond to kquhin n Or Pmprty by 2.5 Owner may Wali in ft Prop", a weer a n other mrtgstlng MpOfa, b WMPWW buyers and lessees end lint such act AUm f>Mnat of • cwwkslon to Agent by a 0" party. l PROPERTY. 3e The lwme*C CE! d fy - Wftjde de- e1 of ffr ho*m" wtdch sm Dxrwty locabd n ft PropOty and owned by Om w: parnowd mtprovemrrte, ebclripl distrbutlon sysbrm (Pow.r hoards, buss duc ft mn&ft dboorrrds, OQhtkg flxkase, etc ). telephone ass bufforh sys/em e (time, poke and 0-1000 ne), spans heaters, air mndldonirg equlpnrrt ak Ikha, carpels wirdav mmrkgs, wall cov0nge. Partglpm. doom, suspended ce* buR-kr such a cadkrb, and PAGE 1 INITI" GDEC 2 0 2007 INITIALS 011W7AIR - f OAM RCW REAL EtlTATE ASt30CUkTiON FORM OA-14WM COMMUNITY DEVELOPMENT OY-K Of od a w ri 1840418 ma on,.r if the rransaatlw� b a sr., a,a form �Propan�1 shd aadifia,aay kxIude, to the eXtent aar,ad oy owner, 3 4 VV" tIw buuhkass ft which w N tamps in erec aMr Owners b'arWw of Nita to the Property. (a) A days SAS to comrananent do g Term honor, Owner shall provide Apart with the Moot"; duly uxm *W and rut __ded prop" kftmenon sheat on the moa curenl form POW by the AIR; (b) Copts d all leases. sudeaeas, notal agreerraht,, opeon V*, (phis of fka rehnai. V" d Ike oAer, a other documents other IknkWk a an owners 6^abW Sd capsft toun cmanae a Tmr*m on, and carts" truce tMauY ))vtddif m M to of ixeldnp PW and N the Trarraction is a sae, no reports, boundary survays, and er S*q nobs and 3.3 Apart aW haus _ moporme tit for Mot_nosmpwiy aft �_ of a sell. of $ ob rwp-dWy. Unlew usuued by Apert's gross negtpancs, Agent WW mt be cable for anydamage,ag for al of witch shad ohs Owner's o n rowit Agents Mia of a Isaaaas of the Properck ty, any dW pie buyer, lessee, or prwpagW bsse� • or Y1kxy to to Person � a Mita hhlnp, but not Sntled t0. those whldu 4. EXTENBWN of TERM. M the Trarroactbn Is a sa* and a sae is not oonaWnrbeded for any ream albr owner accept, an Oftr to Pudase the ProPeq ('� AWO—ant"), then the-Pkaton dab d the Tarn of d* Agrownw t aW be exbnded by the number d days tial o wW t thetvwan the dao O to a r w fou eta to Sap Agreernert and to bar of the dais on whish to sale Agrerwt is brminaNd or to dab Owmr b o W b convey (isle Or a hew bays het and der d any delms by the prior buyer of the Properly; Provided, however, In no event slat the Tern be so autaoed beyornd ora year htrn the deb the Tern would have dhwvAm e>tpind. A. COMMIISSIM 5.1 Owner "pay Apart a wrmnission C in the amout d bu In atxordanee wish the corhmbdon sdwxkdo attsoh d hheroto ('Agreed COMMoolon'), for a Trwasdion, whether such Transaction is conscmnabd a a resuR of the effort of Apart. Owner, or some Other person or atKy. Such Agreed Cammbson is payabW, horsK on or M the Traaadion If a wt,, (n a byres b Prom d vft Is wimpb b ready, and abbuy the Property at the Prue s o on the tarns shad asy Other price SM bnra agmeebb to Ovabr; pct Ownsr hreadtw err repWWse any Sob Apuesnart, asrlow kanrctlore tit athef tiocuemhSts executed by OwnernQudkq the wt, d the Properly; (MI) the Properly or any nt,rast thenen Is voMmarSy or co ter i d or ttr will reed; (M the Prolong or any keenel Marsh b talon War the power of Emmis DonWn or add under t d or ner Is a in�pWVMWtp, )ant venture, - Ng bbfty company, cerpnadon, thus tr other SONY. and any ktarea In Ownr is vol naely or o sold, wtrbued, convefed or traraanad to SIIWM Preop err rtKy that, as d Ifs deb hreot dose rpt have any ovmersftp khlerast in (b) t the Trorwcierh is a Maas, (q a bee Of the Property, or a porton "Had It e)wped or (1) a Meese Is (rowed who k ready, W" ad ebb to taw the Propuaty on is torts stated hrsbt a on any oder nut Sdhbr temps agreasbb fo Omw or (5q If p) rer eves or Wtdnwa the PMWly from a Traaactlm or the no rlce� (1) act a to if ProPSM ly not awYDb for a Trarheaclfor treaft ((0)gyProperty as not ayshbbb for a Traraactr5 M bascss, unnhdss eah I -I or repudiator its Agrwnert (v) nrdo the Property u rnwill rbla; err NO Change* the trtatus of the Proper" tta, bases, agrwrsnts, phyaioel wdfacn orother aspects taroof wttah a dw" adversely nlpads the vats, urs, dwk*ft a MWMUbWy of the Pmprty.Ach 5.2 N to Transaction is a sate, the Pruchw apnarnsat srdfor escrow nstrudlora to at be ordered kto by and balween Prop" shell! Ovahr end a buyer d the th ( AW-dC (a) 0 On b nanxcs the escrow holder to pay frau ownees prooseds &CWAq to the WOOUn( d Owner at the dose d us crow the taraow mid(b) A whtnprounn r to the corabad stall be to ssls be the Payment d nm the Agreed Co lesbn to Apert at or polo to dose d the (q No carpe aha/ be rade by Owner Or buyer with raPect ro the time d, snout d, or the oo ditora Cmmto peyrnert d to Agreed rMsMn. V&0A Agenl's writer corer( a ALTERNATIVE TRANSACTION, If the Traraadbn uchahpss to any Other traraactlon kbdurcrq but not kr to, to, a sob, abocarrpe option to be Owners sate buY, VIlt Of *9 mkiwal, ground Maw Moe sublease or aaipnnwt d Mass (colectivsly "Ala MOft Transaction"), gen Agent shat aWonstlualy Apert for Mich ANNTOO a Transaction and neprseet Owner in ouch AkShative TrarmactIOM udr is Mtrns and C od this Agreenhert If, th , de Term Oreo/, an At wnatw Trraaeton is t *nW int, than Owner elW Pay Agent the Agreed 7. EXCLUDW AND REG TERED PERK)N& YAM 7.1 0WW shall, W" Ave buakaas days atter is deb hereof provkb Apert, in vMtkq, wMh to morn of Vpee penes or autNu realloloo aped wn r by Fnoy oMwwkided IXONN t� say PW aprsertsnt concerning to PnoprY CWxc N%d Panora", eras Pera0 l - 7.4 Owner WWW t1�o cwnprnaton ("Excluded T love d transactan d vdtch dtakq to ram of thio Agmenert WUMlw such other broker to any Traruaetlon for ash EhucMrded t Owner tCOMMMMM paid to Agent: knely PMvidas AgSt wth to rSnse d the Exduded Parsons and apaoMes to emkrded an E-Adod Pamm WW be MmN folowr.. N she uch E�ududed Transoctbion Is C hrglud� W wAttnfotaor& payor of the c Excluded Trerhwdbn Twith erm hanof, than Agent shall be paid a comr%""to the rhwarnbb out -of pedal rgrerras tbnrnd A tiri w to oommencrnert p the Tenn dwft sad (trig days; or N such f3oekrdad Transaction b omx kxW *A" M romancer d tfa Term hera0� rOw AAg int a onftd m�arty.dul equal n hinivbihab It dW bonwhallf of eO Roused Gbmmned t. t to w eno inlor W pro oahosrnYnp 6acrdad Persons and Tnnssatlars b not provided se ash forth 7.2 Agent _ whdlghallr dsanwd that two ars ro 6aJudad Panora. enlNMs vvMh whom goat a A business � � f a0�� d the Tann hereof provide Ow w, n v rmg, with Ohs rams d Owes parsers a and es will to type pf tralaadionh d the Rough ano0ar tmaim had 91" to dump is Tenn hraaf ("Rghynd pamons", ase prepaepA 7,D), Mita etbrrtsad vMtsrh suers c Im d In wk" far wAtdh each rapotegare vvan oorebdW ("Re"jebra l TrahpoNon"► Thosepersrr or rt11sa ft of W, hhomm r, autrmk* be dsartad to be RepMtrad Parsee for the typo of trwaaobon wttdh Mies out Oct of such ofMr or MW of kkart N A@W fob to *Mly nasty Owns of fns uacislarhot Of any atter Regbbnd Pasorne than It aW be Rewk*Aiy More Transaction >a such owe no am Pagletwed Pow A; A or arty stall not to a RapMlere 1 POW t Apart hiss b Umey opatly a Re aPD�el 01 such or such pe tf Apert wcshes to regbto the client Ora CODPWattrq Rrokr, Apar met obtain and suty* b Ower might crest a DW Agency, and Owner hereby car"a to h Cooperating eref°D The IIIvicy. an aware that the npbbaton d cerath khdHduab andObr artKist 7.3 N. wrahin ora hundred such Duel _ eaa drys Sher to WW' L n d the Tann hereof, Owner aubn into a ocrtrad wish a Regishad for for era RegabradONSurnnuDon d Trauadbnh RagWo Trarsar!{pn' than owner alW, upon cananxnodon of such Regbared TrSneWon, par Agent ill Agreed t^,onxdsston i> 74 44Bbtf. NOM one hundred atghty tiara atter the wonton d to Term hereof. Owners" kto etcher corer aperhoy er yagrny agraar�t %Wm a ProApany trarnwcion woenirq the Prop", tun Ownrr aW pmvids to Owner's now Yes d oker the namthe Of ertfor Transaction for each Reglelem Person, and WvAb n such naw agrow wt tat ill row broker S elf not be Sd to C&CON any7.6 In trdv to l8r•bb to an Agent hereudr for °0"r"n"oon d a RagWw d Traraaclon with a R*&WW parson. d Interest a inert a�mods o to ed Porion e a Repbared Parson the ndlNduel «ardy meat ho (wed to Praparty' aubmMtad s letar had a vafd btnp aprernSt covrng the fuy or Mas no PrOWW. n addton, ExobrNd Persons may only be rcpbterad by a broker who previously Property, and such broker may sty m&W ndFviduala and waft MU proved by such Matrq bider. R OWNER'S RBPRESMATIONS. 8.1 Owner represent and wwrSts tat ( Each AWQNTwt behalf d aowner Person ung ht, on b~ d Owrur has to tuN tpFt Power and suttprily to abspAs this Agroernert as or on (b) owner owns to Phooey wWOr has the hd rplt, Powe and authority to towule this Agreement erd to waurrnNe a Transaction as provided heren, and to perform Owners dAgoora hersurdor; (c) Neither Owner nor the Properly Is the subject of a bankruptcy, kaoNnccy. probate or conservatorship proms; S v PAGE z OF 3 _x_ RFRALS NMTIAtfs 01 WY - AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM OA -1 -AMM 00 Oar r1 r nsl. r Mr.y�wa r"WAWOfrtOm—.ry rr�wr�:. rrr..fdWfArOif�Y, MfrNMMMf L orf �ML�O�.w ��'fa�nowV+ d«26 -OW b.fflr.�►r wy r 1 Qwmy � AMM d �'�!wM�,,�M.,Nrl \ it 1�w Miby tr �� b N�lw�e�r ►� "f.rrw�h„rdsafwh- r Awr�nb °dal e'rr+abhrM,r»,r a„r� Orr a fMrfrf� of WWA , ,� V► �wrw...b,w„'", *+rrw+a.wi. �.urr.wrf--`rf':rw"!w WWII N.M~r'N'.!'!+-W-NOWM r ra+Mr r �rffrYf. oMrgrf rw NlAiar M rf.rrr PWWMOM wwthAcao PMAMM4 � a-" &VkL Noor W Mnpa� � MM Wfw "RIGS '. 1.a b' MwaYwr dfii MMfrn me@KUMaW fto.ryM M* Sao" M..* rd .rr►�df�frypr._... U Pfb".r.r•AM4.+fnwlirr.A.'r01lp u�hw�wMN y W*'V*~MIVd �b.waeryyyY.u,,,Mbwtlr rwiW«w.pNK �.�. NwwrM�gA ardVV k k r i...nr� .AMM bw 9Ai Irw W►1r rwa/ Mby rK MY4r aflR AH ( .rwM dYr NkMi ode W MMf bd.r �IMy Q�pi "AQ?lI/T" Sid Nizr t M D. Leo [ AssawAtwo - Nowm ofam zp0 fL.ftmtt /—An—dr" -bb— Mrnr 31d sfAel, Y.D. rlMa Dow— OfMt WVM TI Ono$aMw�fr�w.t.fw�wMiwrliw..rwr y7�rM. A�I+MMMarblewr.wwrwr�rrD IOMWO I W%M AIRCOMIOdr RWMft AWPftWk 1000L1 ftWO ,ON O% rs AAd..CAWff. Tor—IdL ul 074177. PAML: l*MW40M rAYwMniWWMC".wa..Ap r W.� 0I4q. AROONI M U OEAi 07ATMAM MKMN ►OOM OA440M ��� Owner has no no0ce or knowledge that artyessee lor sublesese of the ProInW,perty. tf any. Is the subled of a barMouptcy or Ugdverwy (a) Then aro no etfedhe, vafid or enforceable option rights, ruts Of first raMol, rights of first offer or any other n mncikM knpedimm" or ter*"" on Ownar's rigM, aboty and capacity to cornu mrata a Tmraecdon, sx apt w OYsdosed In w"fin0 PWW M to Paragraph 3.2(b), 9. OWNER'S ACKNOWLED ENTS. Owner Ockr edges that It hes been mMW by Agent to corwA and retain experts to advise and ePnserrt k concerning the 1e981 end tar effects Of this AWOMOrd and mn u nmMon of a Tranucom or AMAmollrn Tramadlon, as well as Ore correctm and/orh g ag h d the Property. tigellon o Inv it i but not iraspects. AgW mced td, the Proprty'e htprvvstmlbk "*fflell sop, fenan " We and � further adatovdedgea thin In no haternN gam XV smash nm urim mQm"y otherwise agreed to In m t v by Owner and Agent. Owner Owners own Investigation. ndwdgntmcling a"Wena h gWt 60wWw" Of g such Pospecu" buyer °°e or seaaity offered. Owner wf1 nH N won 10. YIaCELLANEOU& 10.1 This Agreemere SW not be construed saw for or spat* Owner Or Agent, but dW be InlerprefW corratnaed and enforced in acoorearroe with the mutual intent of the parties ascertain" from the b rrgrmps of this Agreement 10.2 Al Peymeys by Owner to Agartt shall be., in W"A Unttsd Stoles currency. If Owner fab to Pet' to Agert any amount when due under Oris Agn)OMW . then such Mout shell beer Mean at the rade of 15% pr a rsrn or tha madman rats allowed by law. wA &aw a lees. 10.31n the Oven( Of tcigalfm or Ar kradon belwean or arrnopg Owner. Agent m Cocpencng Broker, a buyer. Prospectfm buyer. leasee. or Pro$P&Uwws ' and � Pry rV• Or any Of Mem, adshg endo or relefbr9 to Otte Aweemsnl or ft Property. Ore prevaMtp party SW be pea Rs by losing PAY• The tent Prewinp party etas (.dude, wchaaf WnihteOn, one who aWnrt W,y obtains Or dela to On mist mugti, w the rase mey be, wlre m by comprmses, ssWernwrt Jradg Wk Or Ma abandomne t by the Other party of its dairn or defordw The maeonoby hound In good factrr h aooadrtce with any coral to sdtedUl8 but of W be h rt amount to hiy n rnburve a1 aOwwo fees 10.4 Owner agrees to kownr y, deferd"scum. rtstangy, aoeapt" to Agan(), and twa Agent hsmOees firm and agsb* any claim Or iabicy awer0ed against Agent es a rent( of the f tum Of Owner to "1010 a 6A and eonq We dhdaue pursurt to kvw end pragraph 3.2(s) or as a re" of On fad #W any of the repneetutbrs meds by Owner (see Ps"P&Ph ern wan not bw d c» tine OW 0* AgraamarU vassigned. 10.5 Owner hereby raleeees end mbm Apra, and wrAm pw lWs or&* fight of recovery agskn( Agent for drew or canpquraw low or dernege XWV out of Or klddW to the Pw% cowed by ft"m named by Owner. wfWw or not due io the negMprwe of Age1t 10.0 in i10 even( Mat the Transecdon is not an oublght sale. Ovirw sprue Mn c Agrtl is not pea One Ayrted ConwleNom proNded for hits( tarty days of Or dee dw, ting Agera OW has a sem In Oro orma of suis cornrimlon, and may mesad a rglke of such tent apaktn fir 11. AR0MtAT(ON OF DI19PU7j2L 11.1 ANY CONTROVERSY ARISING UNDER OR RELATIW TO THIS AGREEMENT SHALL BE DETERMINED BY BINDING ARBITRATION TO BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION W ACCORDANCE WITH ITS COMMERCIAL RULES. ARBITRATION HEARINGS SHALL- BE HELD IN THE COUNTY VUfRE THE PROPERTY IS LOCATED. 11.2NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY CID18PUTE ARISING OUT OF THE MATTER$ INCLUDED IN THE'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION A$ PROVIDED BY CALIFORNIA LAW AND YOU ARE GMNG UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL BY INITIALING IN THE SPACE BELOW YOU ARE GMNG UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION. YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. 11.3VME HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES AR731NG PUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBRRATION. Ousters IrdUae Agertt•rt h*Ws 11.4 THE PROVISIONS OF THE ABOVE ARB►TRATTON CLAUSE SHALL NOT BE BINDING ON EITHER PARTY UNLESS BOTH PARTIES HAVE PLACED THEIR INITIALS UNDER PARAGRAPH 11.3. 12 AddOwW Pf*Vbft s: AdOWnw pmveiom of OMe AWDeMe.(sre set forth h 6n fdkw*V blank cues or h an sddrdtm acednd hereto and melt a part hereof consIlang Of pregrWo 13 droupn 14 (if Own we no add kxW Prov*km w+ce'NONE"): 13owner hereby au*wrhas Agony to notNfy aO mOtt d U04 serviam as to dumpe in 0sth6 49fttlon date, askky rm" or eates prices, or mrw COW ohs" In terms or avAUMtbj armA to by owner• and corn manbated army or in Mttky to Agent 14 LAnA0rd" have the r1oht to Cease tiv" W m mt OVUM after third (3rd) month of the hIDW tam by gO4 Broker *kV (3q dry mttrom Rouse. Dae: "AGENT" Lee S Associates* — Newport Beach, Inc. Brian Ga / Andrew Robben BY• Dais: NOTICE: These farrrre are men mocked to neem rtrrrpkp ngtrrotmene Of few and hdunry needs. AM" vwise a rAi b mnot sun you aro t411trkp the "wn rxrrerd tome AIR Com wdol Rest Estole A"OclaAoq. 700 So. Rower 9L, 9e 900. l os Angeles CA 90017. To mom s No. you a 887-8777. Fax No.:(213)687.8614. Rob*ry Mrrara.•790 EI Cwr*w R&*Orn+er Aesncy -�� PAGE 3 OF 3i INITIAL$ IWIT)AI.s ®1997 - AIR COMERCIAL REAL ESTATE ASSOCIATION FORM OA4.6fM PROPERTY INFORMATION SHEET (Non-Ftnwer,cw) AIR Commercial Real Estate Association PREFACM Purpose: ThIs StWtment is NOT a warranty as to the acted andHion of the Propertyrpr_bw The W 13, Instead, to provide the txolen and the Ower M with rruPOrtsnt rhforrrhatlo„ shout the Pnoptrty/praMsea which is carer* In the acbW knaMed{p of Me owner srW whkih the reggred by law to dtsdote ncWW *wwvedoe: For purposes Of mh staternem the phrase KWW urwwledgW meant: the :wanness of a fad, or the awarensts of udnderg rdomhdion and ctrarrhatarhaa so as to caul one to beievs glut s osmate atkrdW Or oond Um WOW* saute TO W40M IT MAY CONCERN: Sid Mirrafati, M.D. 0N1m theProperty/Prarhitea oommonfy Whowth hY the street adclrete of 730 El Camino Real CV~). located In the My of Tustin of, _Orange Stam of California County MW OW -Sly described as (da wft Maty the naive or the Prtnraea or Property) an approximate 1 747 square foot office building on approximately 0.23 acres , (heron alter "Property % and oerI.O N tot I. MMWW Phyafaat Daltett. Ower ha no edrW b�vMdOt or.ny nhateritl plyakul demcd rt aha Prope,ty or trq fmProvarrwhb and atruause thertan, bduft. but not -urns to the root, exourpt Of there ere no exoeptae wrfe -NONE-): 2. EVu4+rrenf. A Omw has no so WxmWge that the fhsa*V, vgnMeft et andood%g pyvWyhg, IMft doors, emctricul and IWOV systems. hue safety snAt. D*Mfty tyslahu aM mecwdcal egwpm.rd a ft ft on the Property = of ate date hereof, M cry, are not to good opmetng order aM cand "On, exOept (if there am no w=pnons ware NONE,): B. owner has no amt w� of any leas, tlr, WsV egrearnartt, esus or other agreerrhrhb atadrhg soy egcrprrhaht w frdh Is WNNxkxbd wit, not Property. ax 0 of there are no accapowo wstm �NONEry: 3 Sot/ CondMoot. Owrur has no shun knowhedgt that the Property has any s*pghp, aingrhg, Meting, 11100C1104 ponding or any otthr Wig drainsp a can problems, except (t Mens ae no WMPMont carpe •NONE ): 4. Uftitma Owner repeaents and w Mfg that the Property b Served by the (Wowirh0 uaplta (cent the appoprthtlt bmaa)E3 pubic sews system and rte oat Of rsu"m th8e0f hat bow tuiy cam. O ph*s sePge sydan, 0 encW*. 0 rubra( gas, 0 doffaWc water. 0 wephore, and O atrr: a. Rauval Htserd zona OMur has M saes- bwwrtdw mat the Properly Is Iocattd wifhrh a derotated good, aaghqusk% or abler nttllal tuzar d zone, except (t there are no exapnorr wrftt 'NONE'): g. canplisme With Lassa Owren hu no scprl bwwbdgg of any aaprd or condlnarh of the Properly Wfhbh vlotates epp+rcawe Iews, urea reguatorr, costa. or awar�>b, arhdpkru or raWkbore, or of knprorarnrgs or aMtratoru mads to the Property wfthat a pMmll when one wet reamed. or at cry urhfWNlad order or dreotw of arhy applicable gowernmer>t agerhey or of any cuumky WWMW a ca►uperq that any work of inv9allgaton, remedltrofl, repar, nerftnu s or Improvement is to be Pwtmisd On the Property, Bxcep! (M mare are no exaptoru wrft 'NONE): 7. Honk m Subelonces and Mold. A Owner- wner fes no actual Ww"Isdga or the PrW" ever h"M b"m usedas a waste dung,. Of the past w praexw enf onc�s a a above or behove grouted stargt atont on to PfOP°f�, or ot ate arrant mcletencca on any the Property of asbsatce, trarhsforrrert anmlrrrp PCt�'s or aN nezardOW tmdc Or Mfadrxn uregahm whose nature andror yuaattyy of mdsterm. uta marx,4achn or effect ranter M aubjact to Fedwet. tam or (cool reperaton, Invastgatfon, reryxd"m or removal as poterhtWy ryubus to pubic hooMh or wager., auapt (M Mere are no wwaptona wrka 'NONE'): PAGE 1 OF 2 MM - AIR COMMERCW_ REAL ESTATE ASSOCIATION FORM Pf-4.3104E B. Owner rePmw to and wanwft that it Is net c rrerify, and never has Dean engaged In the brsktsas o1 KmAng waste, and never stared huardoua substances on the Property. except (if there are no e(captiorx writ -NONE-): C. Owner has no ectal krhowbdge of the -We- on the Property of h—vious *_% of aPPacabh stats Or Federal law, mold 0r def►red tcodc under except (ff there are no excaptiorr wrb NONE-): eFke ND Map-, 0wrwrhes no acuN knowAedge 0I any ab a on the Property having suffered material fire no exceptb A write -NONE*): damage, except (fr ft a am g. Actions, Suits or Proceedinpe, Owner has no axuul WVM dge that any court, abWatlorh tri %mal, governrnentw deparmwd, carrxrhhawrt, bond, txreau agency or suns or Proceedings are perrdtq or ttmeaterwd before or ability of an Owren or tenant to strurnentsilty #w world affect am P�hy or the right convey, occupy a LVAte the Property, except (if there are no exceptions writ, 10. OOvenmanW Pr)ceedMge, Owner has no actual knowledge of any mclstkrp Or bbd corrdmynbon, anvironowntal, zoning, redevelcprnent agency plea or otter tend use regulation PrOrxeusnpe wtrch could det*nental , affect the vale, up and Opsratim of the Property, "W (if there we no ezapftm writs "NOS: 11. Unrecorded 7xis Maflsre Owner has no actual Iorowledge of any enaarhbnanoes, novmerrts, conditions, —irtogors, arse nents, tcanwa INre, drarga or outran netters which affect the tIU d the Property ttW are not recorded into offictl records a the count' recorder where the Property N ioealee, eoonpt (B there are no 600213 s write 'NONE): 12. Luria Owner her no actual Wmwiedye Of any Nene sublessee ar other ,ryaro no exomptlons write -NONE"): marks afNcling the PropsnY, except Of ft" 13. Opdwm Owner hes no acral 40w4adge of any options to purchase, rlphts of "kat raivam , rlyfrts of pot offer or ober a mum agreemeMa affecting the Property, except (t there are no axceptb m writ 'NONE): 14. Other. (lt wid be Pnssrned that "tans are no addtional iters which warrant dNuiostra urieas tMy are ON forth herein): The statements �Paaty eMnspsr haahoe N wd and MwtlMWN be fid Gds pjh as NMdera upon by Wok@M WNW% arrd otMrs TMera/ora. owner arWbr tM Owners however.materiat � or Meree rr=pmmWd0M r for Iwo th " rdmy � my be n*Wupon�pr�rtededThis stsimmert, � . all aPpnoprw Pr11M d eery ,,,erred etrarrgae rrhkh nehpr corp r as wisrwnbon d bpyn from dM daq afr.rwrt r signed wO title to the Property r Uanellsrred, or the lea" le eoanurd Der: (Fl1 in der of soaadion) lawmer Sid Mi a ti M.U. Br Si Tft BuyedNasse hereby adnow*dgu r O's copy 0(d* Property Wmnatbrr Shat on W. Name Prkiad: Tie: NOTE: These tams an char modtird to meet chIngNtg requtrenerds of taw, and Industry neeft Allays wrb a cal to make ace you am udXxfrrg int moat currant tome AIR COM ERCIAL REAL ESTATE ASSCKUTKK 7011 U Mh Flowo Street, Bulb Oft Las Angeles, CA 90017, T91000 s No.: (213) ti67-6777 Fax No.: (213) 667.66% Robbon/MWmfA 730 El Camkro Real-" IoW PAGE 2 OF 2 02000 - AIR COMMERCIAL REAL ESTATE ASSOt2ATION FORA! P"4404E wLT� & Associates® COMMERCIAL REAL ESTATE SERVICES SCHEDULE OF COMMISSIONS A. SALES, EXCHANGES, Ake OTHER TRANSFERS 1. salsa Piproved Property (substantially lacking amenitbs necessary tar urban derabprnen� such as roads, utilities or zoning): 10% of the gross 2. Improved Property: 6% of the gross sates price. 3. Exchange: Each Party to the exchange shall Pay a fui sales commission based On the type of property in accordance with tui Schedule. 4. Joint Venture If a loins venture k effected g ped e a $ab, a full asks commission " be paid on the bask of the vapre of the property as *e ve afar purposes of the joint venture agreement and the Perosntsgs interest thered which Is being conveyed b the joint venture or the 5. Business Opportkndy: 10% of the gross sats prim B. LEASES GROSS LEASE WTH PROCUMMG BROKER 6% of the rent for yeas 1-6 (4% to procuring broker) 3% of the rent for years 5.10 (2% b prowrttg broker) GROSS LEASE M7THOUT PROCURING BROKER 4.5% of the rent for years 1-5 2.26% of the rent for yenta &10 1� MoraThan 30 years: h ag Ground (.sup, b the in N ins term k In sxc en of 30 yeas, then the c mit lon shall be miculay upon the rental t0 be Paid ddxkg do f W 30 yeas of the term of the Maes the case Of 2. Subkns or Aasigmrnant 6% of the rent payable order the aKsigmsnt or ft"i aakkg of a Weal base dtxkg the balance of the tam, or T% in OftSchedule. f2 net Masa. h a cash bonus or lump sum k paid by the successorIsnant a sales commission Md aro be paid In accordanw coign 3. Montlf4o Montlt Tanner. The commission *W be 50% of the iia m011ft rat but in no evert lea that $400. In the edeas a menttHe"morith of isnat wn BrokMAN 2 WOW er SW Owner direct with Owner or through Braker, wkttn 24 month f m the "M of occupancy leaahg commission in aocorid nes with the provisions d H* ScheduM, 4. EA-sion Melon shall of Lease - AdWWW � Taken: Should the term of the lease be exler or the twat occupy afdoouW apace, then a b with be paid when said term k ncMa axtad sell additlomd space k W" kb occupied. The Mrmyssion shag be computed ProvklonK of this Schedule and by wig the raw apPacabla as if the iu U term of to beer had included said period Or the Prarmwe initially demised had maadsd said addiiorw apace. aidernslon 5. Purchase of erty Propby T--ItShoutld tanent, his successors, or asslQnen qurohase the Subjectproperty dkrkg the tam Atha Wine or saw corturda M step wit'in 180 days stair S*hldOn thered, ten a Babe commission shall be paid when the purchase k enacted. Said that portion d the Inas bum e b with to piwAsions d t i a Sc eduM. has the amount of Paid lean co m e computed missions misted to img beyond the aRactive ds* d said purchase. C. PAYMENT OF EARNED COMMISSIONS 1. Cammbalons stall be Paid duo gh escrow upon the doekg of saw and axcwge tranaeborsK assent an —,, aamMsdors Shap be Paid upon raoord W of a dead or upon delivery d such dead or o#w conveyahoe N neeandoien is daMrred mons 111111111011111 march thersaiia. In the -vend d a cm2 end or agreement of saw, )*it veninsw sarm bwrns kopppisonly or 011sr trarsectlon not Invak* fl Us deliver d a deed, camwebrs SW be paid upon &*moon and deivery d na the ishwt ofowveyenoe or ewbishrsrd d the an" rant d sliver ownership 2.1 us and aubkaakg canninfas W M be Paid upon -tsattlan and de0very d as s We by Owner and Mrant 3. Broker is h -by suthorhwd dfftasmcs in C95h accordanceherewith. deduct ft commission Pursuant b thisany Sduk from funds meld In Its hint account Owns shall P promptly pay 1. if Owner fain b rrWoe any Payment at the time required h erah the d08rhghsrt &WKS) OW bear kkarest at the maxerern raft pemdtMd by Mw. 2 This Schedule and tits Agniansint to witch itr k d are leading on Broker only when e>eeadad by both Patinwiisw modiiwd 8on the P►enMd Mars; Provided tat any such unauthorizedd rrnac mod cMiors wO be adoreeable by Broker at lea opd-. Provided hxtler that any of ser at Stoker le 81100tted to moldy Koch Mums by W*Ci g such Agr gnat or by inft ft such modikMio s, 3. This SeMdrde KhM be used only for tremors in which LAO b Anovletare�Nsah port Beac, Inc. k kwohrsd and 00 not be dkhbuftd b any o11sr P". The undersigned hereby eclviowieops rec@0 of a copy of this schedule and agrees b pay a COMMISSIONS) as provided herein. Dallied: owNERILE Sr Adkrsse: Telephone (Z14) 8448278 SROKEft Lee i AssockefteB - Newport Beech. bK. wt I Andrew Robben Adkins 311 MsrJlrtlarr Blvd Suis 100 NWAVM Seachr CA 220811 Telephone 04N 1.1000 RG`L•IRobbaeUgierdrdr1urlScAedr(r glComa+lu 0su AM4ra joc Exhibit L Letter from Tustin Chamber of Commerce dated December 7, 2007 1 0 ustin OF COMMERCE December 7, 2007 Ms. Elizabeth Binsack Director of Community Development City of Tustin 300 Centennial Way Tustin, CA 92780 RE: Conditional Use Permit 07-020 Dear Elizabeth: One of the important roles of the Tustin Chamber's Business & Economic Development Council (BEDC) is to support growth and development in Old Town Tustin. While we assist and encourage the development of new business opportunities and support existing business expansion in general, we must also make recommendations regarding projects that may impact the community's vision of Old Town Tustin. Policies 1.2 and 10.6 of the City of Tustin's General Plan provide for and encourage the development of neighborhood -serving commercial uses in areas of Tustin. It encourages the integration of retail or service commercial use on the street level of office projects. The Old Town area has already been recognized by both the City of Tustin and the Tustin Chamber of Commerce as underserved by retail commercial uses. In fact, CA 06-004 was adopted to address this deficiency and encourage much needed retail uses in Old Town Tustin. Specifically, businesses located on Main Street and El Camino Real at street level are to encourage pedestrian activity and complement the surrounding retail businesses and service-oriented businesses that also encourage foot traffic in the area The Planning Commission will be reviewing Conditional Use Permit 07-020. The current proposal is for a dental office to fully occupy a single -story building located in an area identified for retail commercial uses. The property location at 740 El Camino Real, by El Camino Way, one of the main entries to Old Town Tustin. The Tustin Chamber of Commerce is located in Old Town on the corner of El Camino Real and Main Street. For several years, BEDC has been active in revitalizing the area by promoting retail uses to property owners and by initiating and implementing programs that will encourage pedestrian traffic. Letter to Elizabeth Binsack/City of Tustin December 7, 2007 Page 2 of 2 Therefore, in regards to Conditional Use Permit 07-020, we would like to make the following recommendations to the Planning Commission: (1) Consider this corner location as a prime site for retail uses; retail storefronts will attract much needed pedestrian traffic in Old Town Tustin. (2) Any proposal to this site shall accommodate retail use on the ground floor level that will be compatible and complement nearby retail establishments, all for the betterment of Old Town Tustin. We thank you in advance for making these recommendations to the Planning Commission on our behalf. We look forward to hearing the results of the Planning Commission meeting on December 11, 2007. Sincerely, A& Clark LeDone Chairman of the Board Tustin Chamber of Commerce cc: Tustin City Council Tustin Planning Commission Marisa L. Charette, President/CEO, Tustin Chamber of Commerce Ken Henderson, Chairman, BEDC Exhibit M Revised Resolution No. 4079 RESOLUTION NO. 4079 A RESOLUTION OF THE PLANNING COMMISSION DENYING CONDITIONAL USE PERMIT 07-020 TO AUTHORIZE A DENTAL OFFICE LOCATED AT 740 EL CAMINO REAL IN THE CENTRAL COMMERCIAL (C-2) ZONE AND FRONTING ONTO EL CAMINO REAL The Planning Commission of the City of Tustin does hereby resolve as follows: A. That a proper application, Conditional Use Permit 07-020, was filed by Dr. Ashok Mehta, requesting authorization to establish a dental office in an existing stand-alone building at 740 EI Camino Real. That the property fronts onto EI Camino Real, is located in the Central Commercial (C-2) zoning district, and is designated as Old Town Commercial by the General Plan land use map; B. That a public meeting was duly called, noticed, and held for said application on December 11, 2007, by the Planning Commission; C. That at the December 11, 2007, public hearing, the applicant's legal counsel submitted correspondence and a Public Records Act request to the Planning Commission. D. That the Planning Commission continued the project to January 8, 2008, meeting to allow the Planning Commission and City staff time to review and respond to correspondence and the Public Records Act request. E. That the project is categorically exempt pursuant to Section 15270 (Projects Which are Disapproved) of the California Code of Regulations (Guidelines for the California Environmental Quality Act); F. That pursuant to Tustin City Code Section 9233(y), professional and general offices fronting onto Main Street or EI Camino Real and located within the Old Town Commercial General Plan land use designation are conditionally permitted, subject to certain use criteria; G. That the Planning Commission has considered the matter and determined that the proposed project does not meet finding requirements needed to support the conditional use permit, in that: 1. Pursuant to Tustin City Code Section 9233(y)(1), professional offices proposed at the ground floor level shall not be approved unless the approving authority finds, based on supporting documentation and evidence, that an office use would be more compatible with the existing and planned uses in the vicinity than a retail commercial use Resolution No. 4079 Page 2 on the subject property and that an office use would be more beneficial in implementing applicable land use policies such as the Tustin General Plan, Tustin City Code, and any Tustin Community Redevelopment Agency Project Area Redevelopment Plan than a retail commercial use on the subject property. While some of the documentation may support approval of the conditional use permit, insufficient and/or inconclusive evidence exists to meet finding requirements that an office use would be more compatible than a retail commercial use on the subject property. In addition, approving an office use would not be more beneficial in implementing applicable land use policies such as the City Code and General Plan, as outlined below. 2. Pursuant to Tustin City Code Section 9233(y)(2), approval of professional and general office uses shall meet one or more of the following criterion: a. The proposed use is to be located in an existing building originally designed, built, and occupied as offices or converted to office uses pursuant to an approved building permit. The original building permit does not exist, but records dating back to 1972 indicate that the building was occupied as an office since the building was relocated to and first occupied in Tustin. The last business license issued for this property prior to the establishment of a tutoring facility was for EI Camino Chiropractic which its business license expired in 1995. Thus, the office use has lapsed for more than twelve (12) consecutive months and pursuant to Tustin City Code Section 9273 (Non -conforming Structures and Uses) any subsequent use shall comply with current City Code. The intent of a non -conforming code in the City's Zoning Code is to permit the continuation or maintenance of a building and/or use to enjoy the benefit of a prior right/regulations until such time that a building and/or use is no longer used for the prior purpose, at which time the use and/or building should be brought into compliance with current codes. To further the non -conformity of a use and/or building does not meet the intent or purpose of a non -conforming code section and may set a precedent for other nonconforming sites when the use has been discontinued and the desire is to reestablish a non- conforming use contrary to the standards set forth in the Zoning Code and goals and objectives of the General Plan. Resolution No. 4079 Page 3 On October 9, 2006, the Zoning Administrator approved CUP 06- 014, permitting a tutoring and counseling facility including a retail area, which currently occupies the building and further invalidating the continuance of the property as an office use. b. The proposed use is to be located in an existing building that because of its design and orientation is impractical to modify or alter to accommodate retail establishments. The existing building's site and orientation at the prominent crossroads of EI Camino Real and EI Camino Way at the entry to Old Town Tustin make it a prime location for a retail establishment. The property, with minor modifications, presents a significant potential for retail uses or for redevelopment of the site to accommodate retail at least at the ground floor. Approving another office use at this location would lengthen the non- conforming use indefinitely and hinder the potential for retail or redevelopment. c. The proposed use is to be located in an existing building requiring significant reconstruction that is not economically feasible or practical to accommodate retail establishments. The existing building, with some modifications, could be suitable to accommodate service-oriented retail uses that are outright permitted in the C-2 zone. The building is currently oriented towards the interior of the lot, but the addition of some storefront elements along the elevation on EI Camino Real could feasibly transform the structure to accommodate retail by capitalizing upon its corner location. However, establishment of a dental office at this location would necessitate tenant improvements to the building, thereby impairing the opportunity for retail at this location in the reasonable and foreseeable future. d. The proposed use is to be located in a multi -tenant retail center and is ancillary but complementary to the remaining mixed uses with respect to type of use, hours of operation, convenience, and parking demand. This criterion is not applicable, since the proposed use is to be located in a single -tenant building. However, the site is located adjacent to EI Camino Plaza and other shopping centers, which feature a large variety of retail commercial operations. Resolution No. 4079 Page 4 e. The proposed use is determined to be beneficial, complementary, and compatible with surrounding neighborhood and nearby retail establishments. The subject property is located within the Old Town Tustin District, which is a walkable neighborhood district. The intent of the office provision in the C-2 zoning district is to encourage pedestrian activity in the area. Although the applicant has indicated that the dental office use would bring increased foot traffic to the area, the nature of the patron for this type of activity, is more single -use oriented than a multi -trip retail customer that might visit a travel agency or bank, or drop off children at a tutoring facility, for example. The proposed use is not complementary to surrounding retail establishments in that office uses do not encourage pedestrian activity in the neighborhood in the same way that retail or service-oriented uses do. 3. The proposed project must be determined to be in conformance with the City's General Plan. The project as proposed appears to be in direct conflict with the following policies set forth in the Land Use Element of the General Plan: Provide for and encourage the development of neighborhood -serving commercial uses in areas of Tustin presently underserved by such uses. Encourage the integration of retail or service commercial uses on the street level of office projects (Policies 1.2 and 10.6). The project proposal is for a dental office to fully occupy a single -story building located in an area identified for retail commercial uses. The Old Town neighborhood has been recognized by the City Council and Chamber of Commerce as underserved by retail commercial uses. The proposed use does not further the land use goals set forth in the General Plan because it does not fill a land use need of the neighborhood. CA 06-004 was adopted to address this deficiency and encourage much-needed retail uses in the heart of Old Town Tustin. The City's zoning code and general plan provide for several areas throughout the City where professional offices may locate. Dental offices are permitted outright in the Professional (Pr), Retail Commercial (C-1), and Commercial General (CG) zoning districts, as well as in the Central Commercial (C-2) district when not fronting on to Main Street or EI Camino Real and located outside of the Old Town Commercial General Plan land use designation. Resolution No. 4079 Page 5 II. The Planning Commission hereby denies Conditional Use Permit 07-020 to authorize a dental office in an existing building at 740 El Camino Real in the C-2 zoning district and Old Town Commercial General Plan designation. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 8th day of January, 2008. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4079 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of January, 2008. ELIZABETH A. BINSACK Planning Commission Secretary Exhibit N Letter from Woodruff, Spradlin & Smart dated December 21, 2007 LAW OFFICES OF WOODRUFF, SPRADLIN & SMART A PROFESSIONAL CORPORATION 555 ANTON BOULEVARD, SUITE 1200 ■ COSTA MESA, CA 92626-7670 r (714) 558-7000 N FAX (714) 835-7787 DIRECT DIAL: (714) 415-1083 DIRECT FAX: (714) 415-1183 E-MAIL: DKENDIG@WSS-LAW.cOM December 21, 2007 VIA FACSIMILE AND FIRST CLASS MAIL Elizabeth L. Martyn, Esq. John Paul Glowacki, Esq. McCormick, Kidman & Behrens, LLP 650 Town Center Drive, Suite 100 Costa Mesa, California 92626 Re: Public Records Act Request Dear Ms. Martyn and Mr. Glowacki This letter is provided in response to your letter and voicemail of yesterday afternoon. When I received Ms. Martyn's phone message Wednesday, I was surprised to hear her report that you attempted to review the Community Development Department records twice Tuesday but that the records weren't available when he was there. I have looked into the matter further and confirmed that you were told by the Clerk's Office on Tuesday morning that compilation of the Community Development Department records would not be completed until Tuesday afternoon. I had not been informed of that until I received your letter. Clearly there was miscommunication at the City and with me about what you had been told and whether you would be returning to review records in the afternoon. The City Clerk's office apparently was unaware that the Community Development Department had completed compiling the records by the time you called back in the afternoon of the 18th. We apologize for the resulting confusion. Also, allow me also to acknowledge that the footnote in my letter incorrectly implied you were present "with" the Community Development Director during the computer search. After consulting with her, she confirmed that you are correct that a computer search occurred while you were in the lobby. I misunderstood where you were while that search was performed. That having been said, there are a number of issues you raised which must be responded to. The City's "repeated protestations" that your request requires clarification is simply the normal process of communicating with a member of the public who requests multiple categories of City records but who is unfamiliar with Tustin's filing and TERRY C. ANDRUS CINDY R. BECKER r EDWARD L. BERTRAND ■ M. LOIS BOBAK ■ CAROLINE A. BYRNE • PATRICK M. DESMOND ■ JAMES M. DONICH CHRISTINA M. DOYLE JAMES H. EGGART ■ CRAIG G. FARRINGTON ■ JOSEPH W. FORBATH ■ RICIA R. HAGER ■ BRADLEY R. HOGIN ■ DOUGLAS C. HOLLAND DAVID E. KENDIG ■ EDWARD Z. KOTKIN ■ ROBERTAA KRAUS ■ MAGDALENA LONA-WIANT ■ MARK M. MONACHINO ■ LAURA A. MORGAN ■ THOMAS F. NIXON BARBARA RAILEANU ■ JASON S. RETTERER ■ KYLE E. ROWEN ■ OMAR SANDOVAL ■ JOHN R. SHAW ■ MATTHEW R. SILVER ■ GREGORY E. SMONIAN KENNARD R. SMART, JR. ■ DANIEL K. SPRADLIN 0 ALYSON C. SUH 0 THOMAS L WOODRUFF December 21, 2007 Page 2 indexing systems. The City has been doing its good faith best to comply with repeated counter demands from you and your client for immediate access to City records, providing files and making copies, and the City will continue to do its best to comply with your request for broad categories of documents pertaining to dozens of properties in Tustin that, when gathered from a variety of file storage locations, fill bankers boxes. Indeed, although the Public Records Act allows the City 10 days to respond to written requests for records, the City made a collective effort to expedite the written response to that request, and the response was faxed to you less than a week after your client submitted his first request. In any case, the Community Development files and records have been compiled in response to your request and ARE available for your review in the Community Development Department Conference room, so we. encourage you to review them as soon as possible. And the City has printed the relevant list from Permit Plus (one of the computer databases listing of permit information) as well so that you may review those yourself as well. As to the issue of re -filing the documents, the files include active planning files that City staff regularly consults for a variety of reasons, and to which new documents regularly need to be added, so the City requests that you review the files as soon as you can. As I'm sure you can understand, it interferes with the orderly operation of the Department when files are not located where they are ordinarily stored. My last letter didn't say that you would be required to make another formal Public Records Act request to review the records once they are re -filed. In fact, the City would make the documents available again even after they are re -filed. The letter was simply emphasizing the important practical concern that, once the files are re -filed, it would require time (and thus some advance notice) for staff to re -compile them again for your review. And just for sake of clarity, the files you will review will include the active files. I was not altering any "agreement" in this respect. Your letter indicates that the City has agreed "only to take copies of portions of the records that we specifically request after review." I believe you mean "make copies," not "take copies", and if so you are correct that like any member of the public, you are allowed to bring in a copy service to make copies of records onsite or, at your discretion, to pay the City its standard copy charges for copies made for you. Finally, I must respectfully reject the assertion on the last page of your letter that the City "has taken ample time to purge files and delete electronic correspondences that were subject to [y]our client's request." It's simply untrue. The City is doing its good faith best to expedite and respond to your client's requests for multiple categories of documents and files, requests that involve multiple properties and planning files. That it December 21, 2007 Page 3 requires time and limited staff resources to respond to the request does not imply any impropriety. The City is systematically responding to your client's multiple requests, not denying access to these public records as your letter says. The records are available for your review, well in advance of the Planning Commission meeting next month. I understand that City staff members are available to assist in your review of the computerized system information this morning while you are at the City reviewing the documents. Please let me know if you have any remaining questions after you have completed your review of the files and records. Sincerely, WOODRUFF, SPRADLIN & SMART DEK:dek Cc: Elizabeth Binsack, Director, Community Development Department Chris Shingleton, Director, Redevelopment Agency Maria Huizar, City Clerk Marcia Brown, Office of the City Clerk