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HomeMy WebLinkAbout04 CUP 07-020ITEM #4 Report to the \tri r� Planning Commission DATE: JANUARY 22, 2008 SUBJECT: CONDITIONAL USE PERMIT 07-020 (CONTINUED ITEM) 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) GENERAL PLAN: OLD TOWN COMMERCIAL 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 LOCATED AT 740 EL CAMINO REAL (APN 401- 641-01). BACKGROUND The item has been continued from the December 11, 2007, and January 8, 2008, Planning Commission meetings. The item was continued from the December 11, 2007 meeting to the January 8, 2008 meeting to give the Planning Commission and City staff time to review and respond to correspondence submitted on behalf of the property owner and applicant, and to respond to a Public Records Act request. At the January 8, 2008 meeting, the Commission conducted a public hearing on the item and continued it to the January 22, 2008 meeting and requested additional information. The Commission directed staff to conduct further research into the facts of the project, regarding the issues of street Planning Commission Report CUP 07-020 January 22, 2008 Page 2 frontage, address, potential precedential significance, and building improvements. Please refer to the staff report dated December 11, 2007, for full project -specific details, and the staff report dated January 8, 2008, for discussion of submitted correspondence, as they may not all be reiterated herein (Exhibit A). 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 (TCC) Section 9233c(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 Frontage Section 9233c(y) of the TCC lists, "Professional and general offices fronting onto Main Street or EI Camino Real and located within the Old Town Commercial General Plan land use designation" among the Conditionally Permitted Uses allowed in the C-2 zone. Professional and general offices not "fronting onto" Main Street or EI Camino Real are permitted uses in the C-2 zone, not requiring conditional use permits. Definitions in the City Code. The Tustin City Code does not define "fronting". However, Section 9297—Definitions (Exhibit B) of the TCC does include definitions of "Lot Front" and "Side and Front of Corner Lots." "Lot Front" is defined as "the narrowest dimension of a lot fronting on a street," which in the case of the subject property, is the portion of the lot fronting on EI Camino Real. Additionally, "'Side and Front of Corner Lots' means the narrowest frontage of a corner lot facing the street is the front, and the longest frontage facing the intersecting street is the side, irrespective of the direction in which the dwelling faces." This definition is used to determine setbacks (i.e. front, side, rear setbacks). Hence, at least for purposes of the definition of "Side and Front of Corner Lots" a property can have two frontages and a building orientation may not be relevant in determining frontage. Although the subject property is not a traditionally shaped corner lot, it can be considered a corner lot as it is not bordered by adjacent properties on either side. Based on the information available in the Tustin City Code, staff continues to conclude that the subject property fronts onto both EI Camino Real and EI Camino Way. Staff interprets the C-2 office provision as being applicable to any property within the C-2 zoning district and Old Town Commercial General Plan land use designation that has any portion of the lot fronting Planning Commission Report CUP 07-020 January 22, 2008 Page 3 on to EI Camino Real or Main Street, regardless of building or front door orientation (Exhibit C).' 2. Common meaning of "fronting upon" Letters dated December 11, 2007 (Exhibit B of Report to the Planning Commission dated January 8, 2008), and January 4, 2008 (Exhibit D), submitted by McCormick, Kidman & Behrens on behalf of the property owner purports to reference the "common meaning" of fronting, since the word is not defined in the City Code. The letter defines the common meaning as "the front entrance of the building is on that street," but no source is provided. If a "common meaning" is to be utilized, a reputable source should be referenced. Webster's Dictionary defines "fronting" as, "To look out upon; face," and "frontage" as, 1. The front part of a piece of property, as a building or lot. 2. Land adjacent to a building, street, etc." In the case of the subject property, the lot looks out upon and faces both EI Camino Real and EI Camino Way. In addition, land adjacent to the street exists on both EI Camino Real and EI Camino Way. The property can be determined to be "fronting upon" two streets, both EI Camino Real and EI Camino Way. 3. Vehicular Access. A vehicular access driveway to the lot is provided from EI Camino Real. This serves as a primary entry from EI Camino Real—a through secondary arterial highway. Staff does not believe that factor alone should determine the outcome, however, because Staff believes the City Code restriction on office uses is best understood to apply to all properties with frontage on EI Camino Real, whether the frontage includes vehicular access or not. The objective of establishing a ground -level retail corridor would be undermined if parcels were exempted because they lack driveways for vehicular access, for instance. 4. Postal Address. The letters from McCormick, Kidman & Behrens dated December 11 2007 and January 4, 2008, indicates that the address of the property was at one time 730 EI Camino Way. However Staff has investi ated this assertion and determined that theroe was not addressed on EI Camino Way. The County Assessor's office refers to the property as 605 EI Camino Real, not EI Camino Way. Staff notes that Section 9233c(y) applies to "offices fronting onto" Main Street or EI Camino Real. Thus, one question to consider is whether the pertinent factor is the lot which "fronts" onto those streets, or the building that "fronts" upon those streets. City Staff believes that the section is best understood to refer to all lots that "front onto" Main or EI Camino Real, regardless of the configuration of the building. If the configuration of the building entrance alone was determinative, property owners could modify their buildings so that building entrances are not facing Main or EI Camino Real, and in doing so defeat the purpose of the zoning ordinance to establish a retail corridor on the ground floor of buildings along those two streets in Old Town. Staff believes the City's Zoning Code objectives are best advanced if the language is interpreted to apply to offices located upon lots that front on either Main or EI Camino Real. Planning Commission Report CUP 07-020 January 22, 2008 Page 4 The only record the City has of an official address change on the property was in 2004 in response to a citizen request, not a change initiated by the City. Up until that time, there was a lot with the address 730 EI Camino Way and another lot (the lot that is subject to this application) with the address 730 EI Camino Real. City Staff recalls that the complaint arose because mail that was addressed to 730 EI Camino Way was regularly misdirected to the nearby 730 EI Camino Real address. Thus the owner of the property at 730 EI Camino Way requested that the address be changed from 730 El Camino Real to 740 EI Camino Real to reduce the potential for future confusion. City staff cooperated with the neighbor's request by processing the address change and coordinating the request with the Post Office. Conditional Use Permit At the January 8, 2008 meeting, the Commission discussed the frontage of the subject property and directed staff to conduct further research into the matter. In determining whether a Conditional Use Permit is necessary for the proposed project, it must be determined whether the subject property fronts onto EI Camino Real or Main Street, or not. If the property were to be found to be fronting on to EI Camino Way only, no conditional use permit would be required to locate a dental office at the subject location, pursuant to TCC Section 9233a(g). However, if the property is found to be fronting onto EI Camino Real, a conditional use permit is required. Potential Precedential Significance If the Planning Commission were to determine that the property does not front onto EI Camino Real based on building orientation, and as a result no CUP were necessary, a significant precedent would be set in the interpretation of the C-2 office provision requirement. If building or front door orientation is used to determine if a property is fronting onto EI Camino Real or Main Street, numerous properties would be excluded, such as EI Camino Plaza, Jamestown Village, and Cox's Family Market (Quinn's Old Town Grill). This situation may defeat the intent of the C-2 office provision which is to promote Old Town Tustin as a walkable mixed-use district. Further, granting land use approval for ground floor office uses may extend the non -conforming uses indefinitely. If address is used to determine street frontage, a precedent may be set for approximately twenty (20) corner lots in Old Town. Corner lots that have two street frontages, such as the Tustin Garage or Tustin Glass at EI Camino Real and Sixth Street, may elect to be addressed off of the street frontage that is not EI Camino Real or Main Street in order to evade the CUP for office requirement should they choose to lease/rent to an office use. This could significantly undermine the objective of establishing a street -level retail corridor along Main and EI Camino Real by allowing office uses at corner locations throughout Old Town (Exhibit C). Planning Commission Report CUP 07-020 January 22, 2008 Page 5 Existing Building Improvements As proposed, the project does not indicate any interior or exterior improvements to the existing building. At the January 8, 2008, meeting, the Commission asked for clarification as to the applicant's intentions for the property. Dr. Mehta has indicated that if the use was to be approved and he was to establish his dental practice at the subject location, he would be planning to make improvements to the existing building. At a minimum, he plans on improving the exterior of the building by painting, improving the parking lot, reviewing ingress and egress, and upgrading the restrooms according to code requirements. He has indicated that further improvements to the property could be possible, but that he has no concrete plans at this point. (See January 17, 2008 letter from Dr. Mehta, attached as Exhibit F) However, should the Planning Commission decide to approve the project, staff recommends that the applicant be required to enhance the exterior of the building through the Design Review process. This would include at a minimum high quality, four- sided elevation improvements and parking lot and landscape improvements. ALTERNATIVES 1. Determine that the property fronts on to EI Camino Real and deny the CUP by adopting Resolution No. 4079; 2. Determine that the property fronts on to EI Camino Real and direct staff to draft a resolution with findings of approval and conditions of approval for the CUP; or 3. Take other action as deemed appropriate. Reina Ka adia p Elizabeth �A.insack Assistant Planner Director of Community Development Exhibits: A. Report to the Planning Commission, January 8, 2008 (includes Report to the Planning Commission dated December 11, 2007) B. TCC Section 9297—Definitions C. Map showing properties subject to TCC 9233c(y) D. Letter from McCormick, Kidman & Behrens, dated January 4, 2008 E. Planning Commission Agenda Report of August 14, 2006, Planning Commission Minutes of August 14, 2006, and City Council Minutes of September 5, 2006 F. Letter from Dr. Mehta dated January 17, 2008 G. Revised Resolution No. 4079 &WAd1PCREPORWO08\CUP 07-020 (710 ECR) - continuatlon (2).doc ITEM #2 Report to the ,!i, � To,/ 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 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. 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. Marlyn 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 EI 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 EI 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 meq/ 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 SACdd1PCREP0RlVGWCUP 07-020 (740 ECR) - conbnuation.doc Exhibit A Report to the Planning Commission, December 11, 2007 ITEM #5 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 subjectro e within the Central Commercial (C-2) zoning district, where professional fficesyfronting locaIed onto Man 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, Galax Automotive to the north, and a retail strip center to the east. y 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 mall; a hearing sign 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 Ci ty 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 (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 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, accommodate itable to service-oriented retail uses that are outright permitted could be 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 mulfi-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 facilityfor 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. neighborhood has been recoThe Old Town gnized 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-9), 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. Reina Kapadia Elizabeth A. Binsack Assistant Planner Director of Community Development Attachments: A. Location Map B. TCC Section 9233 (Central Commercial District) C. Submitted Plans D. Resolution No. 4079 SaCdd1PCREP0RT1200nCUP 07-020 (740 ECR).doc Attachment A Location Map LOCATION MAP PROJECT NO.: CUP 07-020 ennocce. TAn rl _ _ . Attachment B Tustin City Code Section 9233 The planning commission may prescribe the amount of herein. (Ord. No. 963, Seca 2B, 1-20-86) Park<ng for uses not listed (g) Driveways: Subject to Subsection 9271 bb. (Ord, No. 1240, Sec. 2, 8.6-01) d Use Criteria-_.0acs Development (1) Office developments within the Retail Commercial to conform with the District (C-1) shall be constructed parking standards for retail commercial uses on the first floor area of the building unless otherwise specifically exempted pursuant to the approved conditional use permit, (2) Findings, including, but not limited to the f Commission prior toapprd°ing a conouo�• shall be made by the where than conditional use permit for oonetruconstructionof a Planning floor area ' (t50) Percent of the total floor area, or arty portion of the esignated for occupancy by professional or general offices; ground (a) Development or construction of professional or more compatible withuses general office buildings would be cor"ercial uses on the subject in the area than permitted retail (3) Development or construction of retail commercial floor areaexceeds��� restricted to a mi=ture of ossa is which the from office development use fifty (�) Percent of the total floor area is exempt 11-21-88) te�ria. (Ord. Na 167, See, 4.7; Ord. No. 896, Sec. 4, 9233 CENTRAL, COZdAEMICIAL DLSMCI' (C-2) a Permitted Uses The following uses, or unUBW uses which, in the opinionof a. Community Development Director and/or Planning commission, are Central Commercial District, resolved to be similar, will only be allowed in the (Or(L No. 1317, Sec. U, 9-18-06) (1) All user allowed in the C-1 District„ sukdect to the development and use criteria sPecified in Section 9232. (a) Reserved (b) Bakeries (c) Bowling alleys (d) Food shops (e) Mortuaries M Nurseries REV 1-2007 LU -2,M TUSTIN CITY CODE ZONING 9233 (g) Professional and general offices not fronting onto Main Street or EI Camino Real or located outside the Old Town Commercial General Pian land use designation. (Ord. No. 1241, Sec. 1, 7-2-01; Ord. No. 1242, Sec. 2,8-13-01; Ord. No. 1261, Sec. 2, 6-20-02; Ord. No. 1317, Sec. IL 9-18-06) (h) Public utility buildings and uses (except corporation yards) (o) Radio stagy 0) Restaurants (k) Shoe shops (1) Studios (Ord. No. 176, Sec. 6; Ord. No. 888, Secs. 1(a), 6, 6, 8-1-83) b Development Standards (1) Maximum height: 60 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. (6) 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 Parte for uses not listed hereon. (Ord. No. 167, Sec. 4.5, 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 (6) which are identical to the principal business. (b) Small animal 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. 362, Sec. 4) (c) Auto repair shops. (d) Billiard parlors and pool halls (1) Off-street parking. one (1) parking space per 100 square feet of floor space. (Ord. No. 314) IMT i -tom LU -2-40 CITY (e) Churches, schools and public uses (f) Cleaning and dyeing establishments (g) Drive-in establishments for permitted now (h) Figure model studios (i) Garages, public 0) Hotels and motels (k) Laundries and launderettes (Ord. No. 699, Sec. 2) (1) Massage establishments (Ord. No. 6%, Sec. 2) (m) Nursery school (1) Maximum height: 30 feet (2) Minimum building site: 10,000 square few (3) Minimum lot width at property line: 100 feet (4) Minimum front yard setback: None, 10 feet when frontage District„ unless otherwise shown on Zoning Map abuts a lot in an "R" (6) DMinitrictm muside yard setback; None, 10 feet when 'side abuts on a lot fn an "is (6) Off-street Ping. One (1) space for each staff member for each eight (8) children. Lding Plus one (1) loading space and each not in spCes -shall be located for each circulation tearfwa with other required pair (7) Building requirements and indoor and outdoor space established by the City of Tustin Uniform Building Code Per child are by the State Department of Social Welfare, (8) Outdoor play areas shall be screened 8rorn surrounding solid wall or fence, e:oept when pj� ProP�es by a 6'8" high abut (9) Structures public park or playg� Proposed for use as a day nursery or., a nursery Schaal shall be inspected and approved by the Fire Department prior to Secs. 3 and 4) occupancy. (Ord. No. 372, (10) Driveways: Subject to Subsection 9271 bb. (Ord. No. 1240. . See. Z, 8-6-01) (n) Outdoor m leets and outdoor sales establishments (o) Pet shops (p) Rest homes (q) Secondhand sales (r) Servfce 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 REV 1-2W LU -2-41 TUSTIN CITY CODE ZONING 9233 (u) Reserved (v) Alcoholic beverage sales establishments subod to. the, 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 groes floor area and permitted businesses with more than 15,000 square feet of gross floor area where 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, PbYVOund, clinic, hospital, health care f unIty or convalescent home, 600 feet firm existing on-site sales establishments, except restaurant establish - meats. (2) Minimum distances between off-site sale establishments 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 finm the closest entry/exit provided for publidcustomer access of the off-site 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 eaother off -sits or on -Site salsa establishment, except restaurant establishments whether inside or outside city boundaries shall be computed by memming the distance between the closest exterior structural walls of each use, (4) Specialty stores as defined in Section 9287 of the Tustin City Code shaII be exempt fim minimum distance regulations- (Ord. No. 1237, Sec. 2, 6-4-01) On-site alcoholic beverage sales dents swept restaurant establishments subject to the following minimum distance regulations: (1) 1,000 feet from any residentiary zoned or used property, 1,000 feet fi-om 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 &CHAy 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, Parks, Playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be computed by measuring the distance from the closest exterior wall of the on-site establishment to the property line of any of the above uses whether inside or outside the city boundaries. REV 1-2W LU -2-42 (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 walla of each use. (Ord. No. 920 No. 981, Sec. 4, g-4-87 Oid. No. 1101, Sec. 1g, 11-13.32; Qrd, No. 1161�Sec, lg� 1-2-96; Ord. No. 1230, f 2, 6-19-00) (w) Bowling alleys (z) Hotels and motels (Y) Professional and located thin general offices&�onting onto Main S amino the Old Tt wn Comm treat or EIC Real and �'� Gieneral Plan land use designaticm, subj the use criteria for ect to ace development provided herein; (1) Professional and general offices proposed at the p*eater than fifty (60) percent of the total b ground 'floor level Or that are lding aPproved unless theapproving authority find., based floor area shall not be on supporting documente- 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 subject property and that an office nee would be more beneficial in implementing applicable land use policies such as the Tustin GeneW planTus and any Tustin Community Redevelopment's City Code, Project Ar Plan than a retail commercial use on the sul�ect� � Redevelopment y. (2)fOnOwing Approval �terlprofeeional and general oliicae uses shall mon:eet one (1) Or more of the a. The proposed use is to be located in an existing building Originally designed, built, and occupied as offiew or converted to onke use lust an approved budding permit, b. The prt►posed use is to be located in an existing building design and Orientation is impr�� that bemuse of its retail establishments. ► a alter to accommodate c. The proposed use is to be located in an cant reconstruction that is not economically &a bsting buildr requiring �- modate retail establishments. practical to accomn- d The proposed use is to bs located in a multi -tenant retail center and is ancillary but complementary to the remaining mired uses with res type of use, hours of operation, convenience, and panting demand, Pett to e. The proposed use is determined to be compatible with surrounding�, complementary,. and IIeighborhood and nearby retail establish- ments. (Ord, No. 1242, Sec. 3, 8-13-01; Ord. No. No. 1317, Sec. A 9-18-06) 1261, Sec. 2, 6-20-02; Ord. (z) Fortune-telling businesses as defined by Section 8811 of the Zti�st{n City Code. REV 1-2w LU -2-43 TUSTIN CITY CODE ZONING 9233 (aa) Convenience stores. (Ord. No. 981, Sec. 3, 6-4-87) (bb) Bulk vending machines, subject to standards contained iIp the C-1 District regulations, Section 9232b. (Ord. No. 993, Sec. 6, 5-8-87) (cc) Large collection facilities, subject to standards contained in the C-1 District regula- tions, section 9232a.2. (Ord. No. 993, Sec. 7, 9-8-87) (dd) Adult entertainment booking agency, as defined in section 3731 of this Code. (Ord. No. 175, Sec. 8; 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, 6-3-96) (es) Specialty stares. (Ord. No. 1237, Sec. 2, 6-4-01) (fl) Reserved (Ord- No. 1251, Sec. 2, 5-20-02) 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. 1251, Sec. 2, 5-204% Ord No. 1317, Sec. U, 9.18-06) 8234 HEAVY COMMERCIAL DISTRICT (C-3) a Permitted Uses None but the following uses, or uses which in the opinion of the. similar, will be allowed in the ��ing commission are - Heavy Commercial District (C-3). (1) All uses listed in the C-2 District, except schools, churches and outdoor sales establishments (2) Electronic plants within a building (3) Research plants (4) Secondhand sales within a building (5) Wholesale stores and storage within a building (6) Off-site alcoholic beverage sales located within a building and permitted business with at least 15,000 square feet of grow floor area and where the alcoholic beverage sales area within the building occupies no more than 10 percent of the gree floor area (Ord. No. 1101, Sec. IR, -11-16-92) REv 1-2007 LU -2-44 b Development Standards for permitted Uses (a) Maximum height: 80 feet (b) Minimum building site: 2,000 square feet REV• 1-2007 LU -2-44.1 Attachment C Submitted Plans Z le TM "u-66; T A, r 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 California Environmental Quality Act); D. That pursuant to Tustin City Code Section 9233) l and general offices fronting onto Main Street or EI Camino Real and located awithin he 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 9233y Proposed at the ground floor level shall notbe )a professional offices the approving authority finds, based on supporting documentations ocument tionpproved unlessand 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 an counseling facility including a retail area, whichcurrently oc tutoring pies 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, suitable to accommodate with some modifications, could be 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 dental o activity in the area. Although the applicant has indicated that the 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) distract when not fronting on to Main Street or EI Camino Real and located outside of the Old Town Commercial General Plan land use designation. The Planning Commission hereby denies Conditional Use Permit 07-020 to zoning district and Old Town Commercial General Plan designation. authorize a dental office in an existing building at 740 EI Camino Real in the C-2 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 dulypassed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11 day of December, 2007. ELIZABETH A. BINSACK Planning Commission Secretary Exhibit B Letter from McCormick, Kidman & Behrens, LLP, dated December 11, 2007 E MCCORMICK, KIDMAN & BEHRENS, LLP LAWYERS H. L. (MIKE) McCORMICK• ARTHUR G. KIOMAN* 6SO TOWN CENTER DRIVE LAGUNA HILLS OFFICE: RUSSELL G. BEHRENS• SUITE 100 23601 MOULTON PARKWAY SUZANNE M. TAGUE*t COSTA MESA, CALIFORNIA 92626 SUITE 220 DAVID O. BOYER• LAGUNA HILLS. CALIFORNIA 52683 DANIEL J. PAYNE• TELEPHONES (714) 768-3100 TELEPHONE /545) 454-2208 BRADLEY D. PIERCE* (800) 755-3128 ELIZABETH L. MARTYN• FAX (714) 7SS-3110 JOAN J. BENNETT BOYD L. HILL www.mkblawyere.com EDDY R. BELTRAN " MICHAEL O. CARTER HANNAH BENTLEY— TRAM T. TRAN JOHN P. GLOWACKI 'A PROFESSIONAL CORPORATION tCERTIFIED SPECIALIST - PROBATE ESTATE PLANNING S TRUST LAW December 11, 2007 THE STATE BAR OF CALIFORNIA BOARD OF LEGAL SPECIALIZATION -OF 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 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, Mir roperties, LLC, which owns the property located at 740 El Camino Real in Tustin, CaliTropIrt; here is presently pending an application for a Conditional Use Permit ("CUP") for that 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. MCCORMICS, KIDMAN & 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 May 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 McConmicx, 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 MCCORMIC$, 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 buildmg 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 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 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 multiple dental practices 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 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 J Elizabeth L. Martyn John Paul Glowacki ELWJPG:ggg Copy: Sayed Mirrafati, M.D. David Kendig (via electronic mail at dkendig_Awss-law.com ) ZAUsers Data\ggoodreau\mirrafati\ltrs\Letter to PC - draft redlined.doc Exhibit C Letter from City of Tustin Community Development Department, dated August 2, 2004 Communitv Development Department August 2, 2004 City of Tustin 300 Centennial Way Sid J. Mirrafati, M.D. Tustin, CA 92780 1101 Bryan Avenue, Suite G 714.573.3100 Tustin, CA 92780 RE: 705 EL CAMINO REAL (APN 401-641-02) Dear Dr. Mirrafati: Thank you for your letter and preliminary requesting information related to property at 705 EI Camino Real also known 200 s, 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 commercial structure relocated to the site in 1972 and is occupied by an office use. The property is designated "Old Town Commercial" by the Tustin General Plan, zoned Central Commercial and Combining Parking District (C -2P), and located within the Town Center Redevelopment Project Area. The project would need to comply with all development regulations, such as permitted and conditionally permitted . uses, setbacks, parking, design review provisions, and processes of the Tustin City Code (attached). Please note that Tustin City Code Section 9233.a 1gll ows forfssional offices to be established in C -2P district provided hattheoffice useriseoc ted 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 EI 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 SACddUUST1WCurrent planninglLetters_Memos1730 EI Camino Real.doc Exhibit D Zoning Administrator Report dated October 9, 2006 and CUP 06-014 Application related materials. INPFX APN No.. 901 -641 -OI Project No.: CUP 06-014 _ _Approval [?ate: 6-9-o6 Address. 140 Fl, CAMINO P\FA' I , ❑ Notice of liiscretionar� Approval 2. N Agreement to Conditions Imposed ❑ Resolution( s) / ZA Action �, exhibits; Z- plans - ❑ - Samples of Materials z 4 - photos 5, Z Staff Report( s) / nirector's Approval better 6. Z Fnvironmental postings -7. ❑ Correspondence 8, Z Legal Notice/ Radius Map/ Mailing Labels 9 Z Title Report 10, Application; Z nevelopment Application Form Z Campaign 5tatement Zenvironmental 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.: 5. 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 the Project at the Property, Permit was approved by the City of Tustin for approved subject to certain specified conditions of approval cribed above. The discretionary Permit was Property. The Pro e which apply to the Property aAoroval and acknowledges that these conditionOs of awne�Qoroval r�nh'ese honditions of ,onstitute express limits+,�„� - csl ou ►estnMlons on the use of the Pro a ar.0 dna conditions of approval are binding on all persons who own or occupy the Property.These copy of the discretionary permit the conditions of approval are on file in te A Of the Director of Comm i Office op ent of the City of Tustin. OWNERS} SLMRAi 1 lln- 0- - - Date: Date: Date: Notes: Legal Description of Property must be attached as Exhibit "A" Signatures of Owner(s) must be acknowledged before a notaryP ublic. Acknowledgment State of California County of Orange On I o ti ID (. , before me, CJ Notary, Personally appeared & C; A, M 1 . A Personally known to me -OR- -,� (proved to me on the basis of satisfactory evidence) to be the perso whose name is are subscribed to the within in ment and acknowledge that g she/they executed the same in is er/their authorized capacity(ot), and that by �er/their si nature�f the entity upon behalf of which the perso g on the instrument the persoc�j, or ►1(�'jacted, executed the instrument. WITNESS my hand and official seal. Signature fotary Public L) - P� PRINT NAME �� I (Seal) =_ AL KA CHOWNAN-PA1E� CammWsion # 1673200 %NolaY K"c — CaMfomlo coin MY Comm. Exon Jun 0, 2010 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 a rova Conditional Use Permit 06-014 with conditions as stated in Zoning Administrator Actionof 06-007 Exhibit A attached to the letter dated October 9, 2006. Naren Mehta, Applicant sy 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: 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 do -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. e��47 e4� ""4_� ELIZABETH A. BINSACK ZONING ADMINISTRATOR ELOISE RRIS RECORDING SECRETARY Zoning Administrator Action G.. .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 returningto 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 BUILDING CODES (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC 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 officers, agents, and employees, Party against the City, its 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 Communfty Development compatibility with the area and compliance with the conditions contto ained herein. fined 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 Adminis become effective. trator, shall (*"`) 2.2 The maximum number of students and instructors within the facility at an given time shall be as follows: Y • 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, summary of the site showing the additional parking space, ndashallcibe subject to the Community Development Director approval. The maximum occupant load permitted by CUP 06-014 shall be the wall by the exit door in a conspicuous location; the on (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. ("**) permitted unless approved by the Community Development Dire2.4 No daycare use, as defined by the California Building Code, shall be ctor. 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 (Tide 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 Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chef 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 occupancy. of F_ (2) 6.1 Within forty-eight (48) hours of approval of the sub' roctthe applicant shall deliver to the Community Development Deparrtmentt, a ca' sh er'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 applicant has not delivered to the Community Development Depart documentation for the project. If within such forty-eight (48) hour penent the the above -noted check, the statute of limitations for any interested pa challenge the environmental determination under the Provisions rty to . r the California Environmental Quality Act could be significantly lengthened. sAC4n7-AAC-n0Nz WZA Adbn 06.007 (ruWnNhfz).dm � � PLAN 5 i J q, LLI E O V N �r ye�y .Mt a z ri = o 1 t� of VIrI J I �O u1 XI z :Q 0 W J I N H t �O u1 XI z :Q 0 W J I N H W F- Q ] x W c: H�on 1. fin. � ✓�. C 7'7- o uj pr x r; � v comti NII N,II (? vi -u PtiENT 13f TMLh lU '11NNIINC, C'W ><,I4Si("N C'f t Y COUNC3I. y '757 .%F. / C�XIsl��ti { ,b y/►rJOSc�prty 3 i 3 Ex�sr��5 Q J Q WA�Kwwi �91�AP .o Ni 1 x� NORTH LA �1 x�Sllrl L/! j v�SG� SIX �R 'Y I` o Ip _p„ v, e 5 ATE PLA r -J IDS - D' F`'lys VIrINI'Ty MAP. NO SCAus Inter -Com DATE: OCTOBER 9, 2006 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 06-014 PROPERTY 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: 740 EL CAMINO REAL ZONING: ENVIRONMENTAL STATUS: REQUEST: RECOMMENDATION 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 Diagnostic Testing Marriage and Family Counseling Corporate Bookkeeping and Payroll HOURS OF OPERATION 11:00 a.m. — 2:00 p.m. 2:00 p.m. — 7:00 p.m. 11:00 a.m. —5:00 p.m. Zoning Administrator Report CUP 06-014 Page 3 Hiring Interviews and Staff Training Curriculum Prep For Other Centers Academic Prep (Adult) Academic Prep (Grades 2- 12) Retail Sales (Books and educational CDs) 11:00 a.m. — 2:00 p.m. 11:00 a.m. — 5:00 p.m. 5:00 p.m. — 7:00 p.m. & Saturday 10:00 a.m. —12:00 p.m. 5:00 p.m. — 7:00 p.m. & Saturday 10:00 a.m. — 12:00 P.M. 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 one (1) reception, and one (1) waiting area (Attachment B — Submitted P ans)estrooms (2), 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 determined to be consistent with the California Bui ding Code e 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 y, and close Friday and Sunday, which is consistent and compatible with the hours of operation for other commercial uses in the area. Rema Kapadia ' Assistant Planner Attachments: A. Location Map B. Submitted Plans C. ZA Action 06-007 SACdCNZAREP0R112006\CUP 06-014 (Tutorwhiz).doc ATTACHMENT A Location Map Location Map 740 EI Camino Real CUP 06-014 ATTACHMENT B Submitted Plans IV X) OF:!Flc- 1757 -V �WAuctAl Ile- -act -_ NORTH 40" V-- pol ID 5 TE PLA PJ <,,&ic j'�- )D' -D'. _J pp J p 1 tL r Q IL no O L 1 1' F u o - H Q �l J V ti a no O L 1 1' F u o - H Q J V ti a no 0 F_ 1' < o - no F_ 1' o - no 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: 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 El 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. r 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). 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 9t' day of October, 2006. DANA OGDON ACTING ZONING ADMINISTRATOR ELOISE HARRIS RECORDING SECRETARY Zoning Administrator Action o�-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 GENERAL EXHIBIT A ZONING ADMINISTRATOR 06-007 CONDITIONAL USE PERMIT 06-014 CONDITIONS OF APPROVAL 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 BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW EXCEPTIONS (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 OCT 1 7 2006N O V 2 9 2006 0ftNITY0EVEL0P9E TOM D �K aEcoaoER COMMUNITY DEVELOPMENT DEPARTMENT BY _ DEPUT1r 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 NOTICE OF EXEMPTION ❑ Fee Exempt per Govt. Code Section 6103 D Project Title: Conditional Use Permit (CUP) 06-014 POSTED Project Location: 740 El Camino Real, City of Tustin, County of Orange OCT 17 20M Project Location —County: Orange TOM DALY, =RDER Project Description: AUTHORIZATION TO ESTABLISH A TUTORIAL/COUNSELINGDEPUTY EXISTING OFFICE BUILDING. FACILITY IN AN 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 o no expansion of existing facilities and is exempt under Class 1 of Section 15301 of the California Environmentuali r Act.Quality Lead Agency Contact Person Reins Kapadia Telephone eP 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_,/D - lG - p 6, Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder 1111111 !1111 VIII VIII IIIA VIII 1111111111101111111111111111111143.00 so 200685001106 09:1 lam 10/17/06 7 zol 0.00 43.00 0.00 0.00 0.00 0.00 0.00 0.00 Elizabeth A. Binsack Community Development Director "O r October 9, 2006 j ' {us i Tutorwhiz, Inc. Attn: Drs. Naren and Anne Mehta P.O. Box 746 3 Placentia, CA 92871 SUBJECT: CONDITIONAL USE PERMIT 06-014 Dear Drs. Mehta: The Zoning Administrator at a regular meeting on October 9, 2006, approved the subject This action may be appealed to the Planning Commission b an 1 project. by person submitting a petition indicating why the action or a condition is being appealed along with an appeal fee as established y by the City Council. The Zoning Administrator's action will become final unless an appeal and fee as noted above are received by the Community Development Department by 5:00etitio . Monday, October 16, 2006 (Tustin City Code Section 9294). p m 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 of hesitate hatet contact me at (714) 573-3118. to Approval of Conditional Use Permit 06-014 is contingent upon the applicant and property signing and returning to the Community Development Department a notarized "A Agreement Conditions Imposed" form in accordance with Condition No. 1.4 of Exhibit y p owner "Notice of Discretionary Permit Ag ion to A. In addition, a signed and notarized by the propertyroyal and Conditions of Approval" form is required to be Orange County Recorder's Office a d oreturned prior er. This oto building perm is rmit be recorded with the these forms have been enclosed for your convenience. p issuance. Copies of 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 a Your response can be anonymous. Your comments are valuable to us and will enable the Ci to better serve you and our other customers in the future. tY Sincerely, 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 SACdd\Reina\CUP\CUP 06-014 Tutorwhiz\10-09-06 ZA aDnrovaI IAff., r4-- ty j J ?;r C3f7 -i 1t !irirr rt December 6, 2006 itY of Tustin :300 Centennial 'Nay Tustin. CA 027,30 Dr. Anne Mehta 714-573.3100 Tutorwhiz, Inc. P.O. Box 746 Placentia, CA 92871 SUBJECT: CONDITIONAL USE PERMIT 06-014 Dear Dr. Mehta: 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 S:\Cdd\Reina\CUP\CUP 06-014 Tutorwhiz\Reminder COA letter.doc Of-- -0m, 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: ? 4.573.3100 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 rkapadia(c�tustinca org. Sincerely, (-� ( � Reina Kapadia Assistant Planner cc: Dana Ogdon S:1Cdd\Ryan\CUP1CUP 06-014 Tutorial\CUP 06-014 Complete.doc AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) > County of Orange ss. 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 Signature The Tustin News 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION 7CI �y OFFICE-TU5TIN CITY CLERK Proof of Publication of STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, 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 co PY f the attached document in a envelope with postage thereon fully prepa d,in the United States mail at Tust in, 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. ELOISE HARRIS FORM& ELOISEaffadvit.doc i /1 � Y` O CITY OF TUSTIIV OFFICIAL NOTICE OF PUBLIC HEARING 1 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 !� If you require special accom Cr LIST & t�.A�t[�S g�V1E�V ;vtAlLt� NOTICE so'TICES PROpERT� ���;�t E�ESALL & PoLICE q �C ;vt A P b 4 q I� Q_ �J I>AgT contact Tustin City Hall, 300 Centennial Way, Tustin 92680, (714) 573-3000. 401-631-15 William Za ppas 401-631-01 William 401-631-13 3922 Emerald St Office Za ppas 3922 Emerald St William Za ppas Torrance, CA 90503 Torrance, CA 90503 3922 Emerald St Torrance, CA 90503 401-642-10 Neldon Dickey 401 1 V Cutler 401-661-44 -2301 Campus Dr 150 Irvine, CA 92612 2301 Campus Dr 150 Ambrose Lane Maintenance Cc Irvine, CA 92612 3090 Pullman St Costa Mesa, CA 92626 401-661-46 Ambrose Lane Maintenance Co 401-642-13 � Charles 401-642-03 3090 Pullman St Costa W & Patricia Ford 16492 Barnstable Cir Tustin Properties Llc Mesa, CA 92626 Huntington Beach, CA 92649 30952 Cypress P1 Laguna Niguel, CA 92677 401-631-12 State Of California 401-642-02 Christina 401-64 03 2501 Pullman St Corea-Rossetti 1214 W 18Th V Willard V Oconner Santa Ana , CA 92705 St Santa Ana, CA 92706 125 W Main St Tustin, CA 92780 401-641-06 Willard V Oconner 401 -641 -OS Makena Great 401-641-02 125 W Main St Tustin, CA American 1450 El Camino Real Tustin Motor Lodge 92780 Tustin, CA 92780 750 E1 Camino Real Tustin, CA 92780 401-661-04 Fong John 2005 Trust 401-661-05 Christopher W 1-06 621 Ambrose Ln & Mind Smith y 627 Ambrose rock Brock Weld Tustin, CA 92780 Ln Tustin, CA 92780 633 Ambrose Ln Tustin, CA 92780 401-661-07 Karen L Mercadante 401-661-08 Medhat 401-661-09 639 Ambrose Ln Tustin, CA R Boktor 645 Ambrose Ln Melody A Weaver 92780 Tustin, CA 92780 651 Ambrose Ln Tustin, CA 92780 401-661-10 Firouzeh Akhavi 401-661-12 657 Ambrose Ln Christopher Young 401-661-13 Tustin, CA 92780 13890 Platt Way Neilson Tieu 13884 Platt Tustin, CA 92780 Way Tustin, CA 92780 401-661-14 Alexander C Vanson 401-661-15 Chiou-Jivan 401-661-11 13878 Platt Way Tustin, CA Huang 13872 Platt W Way Patricia Railey 92780 Tustin, CA 92780 2324 Valley Glen Ln Orange, CA 92864 401-631-09 Eduardo Bottger 401-631-16 Eduardo 401-631-18 11107 Meads Orange, CA Bottger 11107 Meads Eduardo Bottger 92869 Orange, CA 82869 11107 Meads 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 Compant� 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: 605 EI Camino Real, Tustin (City), CA In response to the above referenced application for a policy of Title Insurance, hereby reports that it is prepaNEW CENTURY to be issued, aOMP s of thedate hereof, Insurance Company Policy or Policies of Title Insurance describing the land and the estaterror me estCapitthereein 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 terns 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 form 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 (10/17/92) Dated as of: August 03, 2006 @ 7:30 a.m. New Century Title Company j By:� .C�JLIlO 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 ARID MADE A PART HEREOF. A' -'G, 14. 2006 10.39AM E=xhibit "A" N0.9628 P, 5/23 Order hu, 4062646 That portion of Block "B" of the South Tustin Tract, in the City of Tustin, County of Orange, State of California, 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 Ifa a said " d Street, said point being Southerly 173 feet along said Lastedy 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: $3,515.57 (Paid) 2nd Installment: $3,515.57 (Paid) Exemption: None Code Area: 13049 Assessment No.: 401-641-01 3. The lien of supplemental or escaped assessments ofro rty taxes,made to the provisions of Part 0.5, Chapter 3.5 or Part 2, Chapter pe 3, rticlesi3 andany, 4 respe velyt (commencing with Section 75) 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 1.5, Part I, 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, 1956, 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: 4062646 Schedule B 9. A deed of trust to secure an indebtedness in the original amount shown below: Amount: $695,800.00 Dated: August 16, 2004 Trustor: Sid J. Mirrafati, a married man as his sole and separate Trustee: property Borrego Springs Bank, National Association Beneficiary: Borrego Springs Bank, National Association Recorded: August 20, 2004 as Document No. 2004000760651 of Official Records. 10. 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: $686,800.00 Assigned to: Borrego Springs Bank, National Association By: Sid J. Mirrafati, a married man as his sole and separate Recorded: property August 20, 2004 Document No. 2004000760652 of Official Records 11. The effect of a deed Transfer tax: None Dated: Sid J. Mirrafati, a married man as his sole and separate property Grantee: property 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. 12. Matters which may be disclosed by an inspection or survey of said land or by inquiry of the parties of possession thereof. 13. An inspection of said land has been ordered. This may reveal matters that would cause the Company to add additional exceptions to the report. 14. 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 16010.6 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, N 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 thesearch 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 Grantee peroperty 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. 2004001166435 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 606 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 decays, 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 document is charged if the transfer d accompanied by the affidavit stating that the buyer/transferee Is not a resident of the State d 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 B y proceedithe transaction, after the receipt of a Preliminary Report, all parties involved in any trransaction withhNew Century Title Company acknowledge and consents to the charge of a Reconveyance Service Fee, NOTE E: If applicable please note the following: 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 (GLBA) effective July 1, 2001 Please review said Notices regarding personal information. CLTA PRELIMINARY REPORT FORM 5. Mote . 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.: 4462646 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: 1. 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 New Century Title SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. IF FUNDS ARE TO BE DEPOSITED WITH Comaam RESERVE BANK: BY WIRE TRANSFER, WIRE FUNDS THROUGH THE FEDERAL 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 16. 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: % 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 sworn, the answers to the foregoing questions were made by affiant underpenalty ofI perjury: that they are true ses and ss andt 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 ivv I Arc r rurtLIQ IN AND FOR SAID COUNTY AND STATE TITLE ORDER NUMBER. 4062646 PRIVACY POLICY NOTICE We collect nonpublic personal information about you from Information you provide on forms 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 regulations 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 rorth 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 ("GLBA') generally requires a financial Institution (which term includes title Insurers, underwritten tide companies and time 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 rwn-affiliated third parties, In compliance with GLBA, we are providing you with this document, which notifies you of the privacy polities 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 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 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 permitted by law. This 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 52108 Privacy Policy Notice We are committed to safeguarding customer 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; 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 notifies you of the priv compliance with the GLBA, we are providing you with this document, which acy 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 collect about our customers or former customers to our affiflates or to non-affiliated third parties as permitted by law This includes, but is of limited st a title plant operated by New Century Title Company. In order to provide for title insurance underwriting, a order to protect against actual or potential fraud, unauthorized transactions, insurance claimsor other liability, i Information related to the Issuance of the tlife 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. CLTA PRELOWINARV REPORT FORM Addendum A (Roy er1" CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY,1!!e EXCLUSION FROM CovERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay Was or damage, coals 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 (1) the occupancy, use, or enjoyment of the land; 00 the Character, dimensions of location of any Improvement now or hereafter erected in the land; (ill) 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 pubic 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 ae o dec , lien,eor policy encumbrance resulting from a violation or alleged violation affecting the land hes been recorded In the public 2 Rights of eminent domain unless notice to exercise thereof has been recorded In the public records at Dale 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 Detects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the pubic 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 wrnkug to the Company by the Insured claimant prior to the date the insured clalmant 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 va mortgage or for the estate or interest insured by this policy {ue for the insured 4 Unenforceability of the lien of the Insured mortgage because of the Inability or failure of the insured at Date of Pocky, or the Inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the stale 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 artses Ott of the transaction vestkug in the Insured the estate of Interest insured by thispolicy or the transaction creating the interest of the insured lender, by reason of the oP�ti rights taws on of federal bankruptcy, state insolvency or similar creditors' EXCEPTIONS FROM COVERAGE. SCHEDULE 9. PART I This Policy does not insure against toss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: i Taxes or assessments which are not shown as existing pens 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 S. Discrepancies, conflicts In boundary liies, 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 TITLA FO Rig LAND TITLE ASSOCIATION EXCI.Ua1 CLIA Poesy and an ALTA Policy (Rev 10.17.95) In addition to the Exceptions In Schedule 8, You are not Insured against loss, coats, attorneys' fees and expenses resulting from: 1 Govemmental police power, and the existence or violation of any law or government regulatlon This Includes ordinances, laws and regulations concerning: (a) building (b) zoning (c) Land use (d) Improvements on the Land (e) Lend division (t) environmental protection This Exclusion does not apply to violation or the enforcement of these mailers If notice of the violation or enforcement appears In the Public Records at the Policy Date This Exclusion does not limit the coverage described In Covered Risk 14, 15, 16, 17 or 24 2 The failure 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 Poky Date 3 The right to lake 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 Policy Date and Is binding on You K You bought the landwithoutKnowing 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 ni the Policy date, but not to Us, unless the (c) that result in no loss to You; or y appear in the Public Records at the Policy Date; (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 spectftCagy 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 limit the coverage described in Covered Risk 11 or 18 TRsREWET1A TITLE LAND Yfj-97t EXCLUSIDM In addition to the Exceptions in Schedule B, you are not insured against bas, coals, attorneys' fees and expenses resulting from: 1 Govemmental police power, and the existence or violation of any law or government regulation This includes building and zoning ordinances and also taws 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 Data This exclusion does not limit the zoning coverage described In Nems 12 and 13 of Covered Title Risks 2 The right to (ale the land by condemning it, unless: • a notice of exercising the right appears In the public records on the Policy dale; • 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 limit the labor and material Hen 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 (hat touch you land This exclusion does not limit the access coverage In Item No 5 of Covered Tide Risks AMERICAN LAND TITLE ASSOCIATION LOAN POLICY ((1D.17 -M WITH ALTA ENDORS ASND _ FORM 1 COVERAGE AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POUCy (t0./7-92) WITH ALTA ENDORSEMENT - FoltM t COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay toss 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 (i) the occupancy, use, or enjoyment of the land; (H) the character, dimensions or location of any improvement now or hereafter erected on the land; (H() 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 nonce of the enforcement thereof or a notice of a defect, Hen 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 policy power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, Hen 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, Hens, encumbrances, adverse cWn s 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 en 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 thisoHc insured the priohsured mortgage over any statutory Hen for services, labor or material or to the extent insurance f aff�wdedthherlien of ein ash to assessments for street Improvements under construction or completed at Date of Policy); or (e) resulting In loss or damage which would not have been sustained If the loured claima mortgage nt has paid value for the insured 4 Unenforceability of the lien of the Insured mortgage because of the Inability or failure of the insured at Date of Policy, or the hTabHky or failure of any subsequent owner ofthe Indebtedness, to comply with applicable doing business laws of the state in which the land is situated 5 Invalidity or unenforceablltty 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 statutory Hen for services, tabor or materials (or the claim of priority of any statutory Hen for services, labor or materials over the lien of the Insured mortgage) arising from an improvement or work related to the land which Is contracted for and comm mortgage which at Date of Policy the Insured has advanced or is obligated to advance enced subsequent to Date or Policy and Is not financed In whole or In part by proceeds or the indebtedness secured by the Insured which arises of the rest yclaim, yto�il�c estamhIsbned by the policy, by reason of theopsation of edeal bankruptcy, Insolvency, rsmila�ddorighs laws, sed o the transaction creating the interest of the Insured mortgagee being deemed a fraudulent conveyance Or fraudulent transfer; or CLTA PREUMINARY REPORT FORM M the subordination of the Interest of the Insured mortgagee as a result of the application of the doctrine or equitable subordination; or (Ip) 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 pen 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 VAR also Include the following General Exceptions: EXCEPTKMS 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 show6 as existing Rens by the records of any taxing author 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 notim of such proceedings, whether or not shown by the records of Such agency or by the public records. 2 Any facts, rights Interests or claim 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, pens or encumbrances, or claims thereof, which are not shown by the public records 4. DlScrepanclea, 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 (c) are shown by the public records AMERICAN LAND TrTLE ASSMIAATT" oWNaR.S POLICY (10.1T•92) AMERICAN LANG TiTLE ASSOCIATIOEXCLUSION FN LEASEHOLD OWNER'S POLICY (10.17-92i ROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' tee of expenses witch arise by reason of 1 (a) Any law, ordinance or government regulation (inelUdIng but not limited to building and zoning taws, ordinances, or regulations) restricting, regulating, Prohibiting or relating to (n the occupancy, use, w enjoyment of the lend; ( tine character, dimensions or location of any Improvement now or hereafter erected on the land; (Ip) 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 Qv) 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 e defect, lien or encumbrance resulting from a violation or alleged violation affectinng the land has been recorded in the public records at Date of Policy (b) Any government pollee power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, pen or encumbrance resulting from a violation or alleged violation affScling the land has been recorded In the public records at Date of Policy 2 Rights of eminert domain unless notice of the exercise thereof has been recorded In the public records at Dale 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, (lens, 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 policy insured claimant became an insured under this (e) 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 (1) the transaction creating the estate or interest insured by this policy being deemed fraudulent conveyance or fraudWent transfer; or (lt) 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 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 dude the following General Instructions; EXCEPTIONS FROM COV"AGE 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 liens 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, liens or encumbrances, or claims thereof, which are not shown by the public records 4. Discrepancies, conflicts In boundary Ones. 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 ndning claims; (b) reservations or exceptions in patents or In Acts authorizing the issuance thereof, (c) water rights, claims or tide to water, whether or not the matters excepted under (a), (b) or (c) as shown by the public record ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (1o/13/01) EXCLUSIONS FROM COVERAGE TM Moo'" matins are expressly excluded from the courage of this pobey and the Comparry wil not pay Ion or darnap coals. alto," lees or expenses which arta by mason 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 refacing to (0 the occupancy, use, or enjoyment of the land; (1) the character, dimensions or location of any improvement now or hereafter erected on the land; dimensions or areas of the land or any parcel of which the tend Is or was a part; or(( ) environmental protection, or the aration In Ownership or a eff� In the 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 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, Nen 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 i6 of this 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, 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 limit the coverage provided under Covered Risks 8, 16, 18, 19, 20. 21, 22. 23, 24, 25 and 26); or ALTA EXPANM CoVMGE REsI0EWKL (a) resulting In loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage 4 Unenfwceabdity of the Ben of the Insured Mortgage because of the inability or facture of the Insured at Date of Policy, or the Inability or fedure of any subsequent owner of the Indebtedness, to comply with appOc�ie doing business laws of ttte state In which the Land is situated 5 Invalidity or unenforeeabliky of he lien of the Insured Mortgage, or claim thereof, which arises out of he transaction evidenced by the Insured Mortgage and is based upon usury, except as provided In Covered Risk 27, bending law or any consumer creat protection or truth in 6. Real property taxes or assessments of any governmental authority which become a Ben on the land subsequent to Date of Policy This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26 7 Any claim of Invalidity, unenforceabfllty or lack of priority of the Ben 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 s interest covered by this policy This exclusion does not Bmft the coverage provided In Covered Risk 8 6. 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 dens. encumbrances and other matters affecting the title, the existence of which are known to the Insured at: (a) the time of the advance; or the time a made to the of the Insured Merest Is greeter as atresult of the modification than it would havedbeen before he modifiew n This excluswhich changes, the rate of Interest ion If the rate of tlmN the coverage provided In Covered Risk 8 9. The failure 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 a c) -� cli m $ ? rm y f/7 Q O vq zOm�� r-- A�� .p m �:: o N Z 0 cgs- z r�ac - r� m r m . r `iTQo Z ,;o i afte 69'T06 ashi `4u'pmaro-1 9692906 r.xepio sossars�y Y9'0Sae=p : uoF3dF1osep I aoz- 3 7 0 �J J ab 500-1 R� A LACUNA ROAO:9, ri � Q� ��8'0 SIRfClI N m OZ< O }� N ILA w w w �o p u. u:5 µ T L 2 Lo i0 y a D Cl) lh� �c p �U) z a 0 ------ a ic ah, 2 n Q �w N m OZ< O }� N ILA w w w �o p u. u:5 µ T L 2 Lo i0 y a D Cl) lh� Project Description COMB JNITY DEVELOPMENT) PARTMExi NT DEVELOPMENT APPLICATION FORM Assessor's Parcel No. Project Address D �L Zoning District Present Use of Property Proposed Use of Property F chs Existing Entitlements affecting the property Lot Size _'0 0 r-, di Building Size ) 715 7 z& 'z —I�-Ii r� ri t +�...r� t a.I� •...a ri Property Owner Name ...,, a kt J S' Company T I Address 1101 V-6 a C City, State & Zip Code Phone7( 14) 5',- n e 7 ellular Phone (mac b�,c 7 Fax (7 ) 5 cj-�,�0 Electronic Mail Address Applicant Name (if different) Company Address City, State & Zip Code Phone L/ oZ 55-- 90 5 - Fax ( 7 )Y/- '54 7S - W& Cellular Phone (_g571 b S—SSS Electronic Mail Address "---- -1�z��� z.�A•o[..GDM Consultant or Contact Name (if different) N/,¢ Company Address City, State & Zip Code Phone(� Fax Cellular Phone ( } (i) Electronic Mail Address Office use 300 Centennial Way, Tustin, California 92780 • 714-573-3140 . FAX 714-573-311 q ll t.r�r�ltl•.r�tr��lt y 'r�.tl'„����llll.r�tl t��� � ��• Designation of person(s) to whom notices should be sent pursuant to Code of Civil Procedures Section 1094.6: Name AaAje Mailing Address I° <3x City, State & Zip Code - 1 A " °Z g Electronic Mail Address 'fiUTbKW PI Z K� L Name Mailing Address City, State & Zip Code Electronic Mail Address Legal Description of Property (attach a separate sheet if necessary) Supplemental Application Form Attached: ❑ Variance/Minor Adjustment (check if applicable) ❑ Sign Code Exception ❑ Alcoholic Beverage Sales Establishment SIGNATURES & ACKNOWLEDGEMENTS "SEE ATTACHED CERTWICATV I hereby certify that I am the owner of the real property described in this application. I hereby acknowledge that this application may not be considered complete until I am notified by the Community Development Department consistent with State law. I hereby certify that all of the information contained in this application, including all required plans, supplemental application forms, and other submission materials as specified in the informational handout provided to me by the Community Development Department has been submitted, and the information is, to the best of my knowledge and belief, true and correctly represented. Should any or aH of the information submitted be false or incorrecktturelaX agree to defend, indemnity, and hold the City of Tustin harmless from liability and loss y ason o i c on any such information. I hereby grant the City the authority to place a public h9afivi o ce on th subject operty if a public hearing is required. WTA ..r_, �AM .. . ' ._s.. e WFOR SIGNATURE* V ,, r woo, mam — qb olo (, APWIA S NOTARIZED SIGNATURE PINT NAME Djf�I� *If the shc1nature is by an agent, notarized written authorization from the land owner must be rae hnA nwnar'a and/er agent's signatures on the written authorization also must be notarized. 300 Centennial Way, Tustin, California 92780 • 714-573-3140 9 FAX 714-573-3113 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of cc rjn� Ij On `oce before me, Date 1G1/ I c e and Title of Officer (e g J we, rvotary Pu } personally appeared _ Ude U, ; �,,,, 0`7,1 ❑ personally known to me kor proved to me on the basis of satisfactory evidence) � c to be the person(, whose name(s ia/s re subscribed to the CarrrM�Mon � 1673 �{( . Now ltiibic _ cawordo hin instru ent and acknowledged to me that onnoo Cow* Papacity;yhe/txecuted the a in his/her/their authorized ��. s), and that by i er/their signature ,a'jon the instrument the per or the entity upon behalf of which the perso acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signatur Public Though the information below is not required byOPT IONAL to Persons Ying on the and could prevent fraudulent removal and reattachment of th sl form to another/ document. document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Corporate Officer — Title(s): ❑ Attorney in Fact ❑Partner — El Limited 11 General ❑ Trustee Top of thumb here ❑ Attorney in Fact ❑ Guardian or Conservator ❑ Trustee ❑ Other: ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer Is Representing: © 2006 National Not•• `.csc,,._^cro_h z„e;e..x ery Association • 9350 De Soto Ave. P.O. Box 2402 • Chatsworth, CA 91313-2402 RIGHT THUMBPRINT OF SIGNER Item No. 5907 - _ .� .<" s ` 2z -z; .� c Reorder. Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORA N Gtr ss. On AU4. (Vi c2u_n 6� before me, V 1 J R Y VA Cate 1� R NOTA�R Name and 1 Me of Officer (e.g., Jane Doe, Notary Public's Personally appeared N P�- KO/tet p r) TA Name(s) of S"r(s) ❑ personally known to me 7$ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument and AY K/1R0 acknowledged to me that heMbe/they executed NOTARY PUBUC . CAUFORN A COORANGEECOUN 1764 the same in hiGA;o0heir authorized 9Carly COMM. Exp. Septembrr 0, 2006 capacity(ies), and that by N64her/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 and official seal. I - Place Notary Seal Above K4�I lure ry OPTIONAL Though the information below is not required bylaw and could pre , it may prove valuable to persons relying on the document vent 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 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 •9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Number of Pages: d 1 y RIGHT THUMBPRINT OF SIGNER Prod. No. 5907 Reorder. Call Toll -Free 1-800 878-8827 COMMUNITY DEVELOPMENT DEPARTMENT _ g 511,ti CAMPAIGN CONTRIBUTION STATEMENT I, the undersigned,. in connection with a a part of my application for Sol N 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): 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 _= day of _ (g7 200 -- California. , at _ I t l C -7-/A moi.. Print Name l 'l°fJ , Signature 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'/z" x 11" MATERIAL SAMPLE/COLOR BOARD Accepted by: Date: Case Nos.: Forms: CurrentPlanning:Application 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 1. 2 3 H 5• Name and Address of Developer or Project Sponsor: Address of Project: ����� �� �� �� -a Assessor's Parcel Number: .4 O j 6 4 / _ p / CA ` Name, address, and telephone number of person to be contacted concerning this project: N n Indicate the type of permit applications for the project to which this form pertains: 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: 7. Existing zoning district: C ?- 8. Proposed use of site (project for which this form is filed): A s EkisT�,J 6- %a70A ,140' AC IW�,4 i h Fnvirnnmpntr l AL -G -A' II. Pro' Description Z- X 7-1n16 -11\t /=:-D- 1. =:'° 1. Site size: LQ, o oqD 2. Square footage: r 7 Z7 L� 3. Number of floors of construction: 4. Amount of off-street parking provided: _ N/A 5. Existing and proposed impervious surface coverage: ftp (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: 1i 1 ' 8. Associated project: /i 114 9. Anticipated incremental development: __N2,4 lo. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected: A//A u. If commercial, indicate the type, whether neighborhood, city, or regionally oriented, square footage of sales area, and loading facilities: . r A- 12. If industrial, indicate type, estimated employment per shift, and loading facilities: . f )' 13. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: F.nvirnnmental Tnfnr,,,o+;-- c,._._.. ___. 14. If the project involves a variance, conditional use, or rezoning application, state this and indicate clearly why the application is required: 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. Environmental Tnfnr, f;-- u,..._ . ____ YES NO 1. Change in existing features of any bays, tidelands, beaches, lakes, or hills or substantial alteration of contours. ground ❑ 2. Change in scenic views or vistas from existing residential areas, public lands, or roads FJ 3• Change in pattern, scale, or character of general area of project. R 4• Significant amounts of solid waste or litter. ❑ 5• Change in dust, ash, smoke, fumes, or odors in the vicinity. b. 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. ❑ 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.). ❑ � 12. Relationship to a larger project or series of projects. ❑ 13• Describe the project site as it exists before the project, including information on stability, plants, and animals and any cultural, historical, or scenic topography, soil aspects. Describe any existing structures on the site and the use of the structqres. Attach photographs of the site. Snapshots or Polaroid photos be will acceptable. �} �, Environmental Tnfnr, f;-- u,..._ . ____ 14• Describe the surrounding properties, including information on plants and animals and an 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 developmentfrontage, ' P (height, set -backs, rear yard, etc.) Attach photographs of the vicini Snapshots or Polaroid photos will be accepted. 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 v 0 Environmental Information Form ( rev, 2003) Signature Name _ �'j r2_ Title FIC{ W, ORANGE COUNTY FIRE AUTHORITY SR NUMBER k PLANNING AND DEVELOPMENT rH� SERVICE REQUEST 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 may be downloaded from our website at www.ocfa.org. I. Submitted by _ AAWE /lit 'Av— T "j✓�' Address (i I�r�L- 7 Li- /'_ Phon - -- � C- Ext. 2. Project Name (be specific) C Project Address 611` Project City—(, Zip code Provide one or more of the following: Tract/Lot # Tentative Tract/Lot # Parcel # 6a t -- 0 Tract, tentative tract or parcel number is required for approval. 3. 1 hereby authorize the following project plan review services. I am aware that additional services may be required to complete this an Pay all fees. 1 also acknowledge receipt of a copy hereof. project d agree to XM* Signed: Date: 10 b JURISDICTIONAL USE ONLY PLAN SUBMITTED AT: CODE QTY FEE OCFA SUBTOTAL: Y CITY FEF -S. m.,. TOT,lL DUE. ADD'L AMT PAID: :IDD'L A;VT R IID: 4 DW1, : WT P AID: CITY PLANNING DEPARTMENT � III[CFA USE ONLY CITY BUILDING DEPARTMENT (� FA SERVICES PROVIDED COMMENTS CODE QTY City Reference #: i Revision to SR #: PAYMENT DATE INIr1ALS I RECEIPT/CHECK# FOR..M DISTRIBUTION: wHITE: 0CFA VRt i nLv. o_c_ ," _ TOTAL DUE OCFA:: REFUND TO CUSTOMER. BALANCE DUE OCFA: ADDT Cl TY FEES DI E. FEE 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 Page 1 of 4 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" Features ADA Compliant Terms Cash, Cash To New Loan List Type Exclusive Agency/Full Service TG 830B3 Zip 92780- $/SF Enclosed Yard 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. Financial Analysis (ANNUAL) Gross Sched Income $ 0 Tax Area Water District Vacancy Allow % $ Tax Rate Yr Tax Rate Gross Oper Income $ Operating Exp % $ 0 Land $ Actual Gross Income $ Net Oper Income $ 0 Imprvmnts Per Prop Pre Tax Cash $ Loan Payment $ Total Gross Spend Income $ Cap Rate 0% Legal: Lot# 00 Blk# 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 $ Land Fee Lse / YrExp Zones: Spc Std Fld Cstl Sid 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 Overage Income Stories Year BIt 1972 / Yr Rfb /Mo Tot Mo Gross Sched Income 0 /Mo Bldg Prmt Yes Sewer Zn COM #Bldg 1 #Un Lot/Community Desc Stg Tnk O/Head Crane Floors Total Floors % of Total Value nnual Operating Expenses Plant Data Taxes (New) Elevator Fire Ins Gardener Power /Amp /Volt /Phase Liability Ins Pkg Lots Rail Ldng Drs Heat #Dck #Well Cooling #Grd Gas & Elect Trash Water #Toilets M/ W/ Foil Skyg Janitor Pkg Spc 13 Ratio 7.4 Fncd Sqft Plant SgFt Parking Maint Association Office Data Management Accountant $ Advertising $ Contract Services Tot Sqft 1,747 #Offices $ #Toilets Debt Services It Pa II $ M/ W/ A/C Y Heat Forced Air yro Reserves $ Security $ Sewer $ Supply Expense $ Utilities $ Vacancy % Source of Annual Expense Total $ 0 List Office/Agent Infer List Office Evergreen Realty (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 ** 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. Listing 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 0450 PM Tustin (TUS) Commercial Price $ 1,199,000 S494650 Media: 4 Area Tustin (71) Orange County (OR) APNO S494650 Have Business Park Name Page 3 of 4 XSTS Newprt Ave. / EI Camino Real Aerial Map * 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 Tot Bldg SF 1,744 Gross Equity Poss Loans Commercial Free Standing Single Story Building, 10,000 Sq. Ft. Lot, 13 Parking Spaces Financial Analysis (ANNUAL) Gross Schad Income $ 0 Tax Area Water Vacancy Allow % $ Gross Oper Income $ Tax Rate Yr Tax Rate Operating Exp % $ 0 Land $ imprvmnts Actual Gross Income $ 0 Pre Tax Cash $ 0 Net Oper Income $ 0 Per Prop Loan Payment $ Total Bldg Dim Land SgFt 10,000 Gross Spend Income $ Cap Rate 0% Legal: Lot# 0 Blk# Trac# 75505 Gross Multiplier: X Gross Roof LocationCorner R/Age financial Info As Of Ht Span Unit Size LEASE Rent No Tenant Sqft TypeLg Exp /Mo 1st $ @ $ /Mo @ Due Lender Assumable Type Fee 2nd $ @ $ /Mo @ % Fin Rmrks Total Assessed Value $ 0 Down $ yo Reserves $ Security $ Sewer $ Supply Expense $ Utilities $ Vacancy % Source of Annual Expense Owner Provided Total $ 0 List Office/Agent Infer List Office Eeergreen Realty (H05467) Office 949-753-7888 Fax 949 654-8855 Res 949-654-8855 List Agent Sami Fargo (stargsam) Pager 000-0000 Cell Primary 949 654 8855 Agt E -Mail Yes Agt WSite http://www.tempo.socah ls.com/SearchDetail/Scripts/PrtAgtFul/PrtAgtFul.asp 12/11/2007 Land Fee Lse / YrExp Zones: Spc Std Rd Cstl Sid Building & Land Data Bldg Dim Land SgFt 10,000 Mezz SgFt Land Dim Ceiling Height Const Roof LocationCorner R/Age Fire Spk Min Clear Ht Span Total Base Income Overage Income /Mo Stories Year Bit 1972 / Yr Rib /Mo Tot Mo Gross Schad Income 0 /Mo BldgPrmt Sew #Bldg #Un Lot/Community Desc g Tnk O/Head Crane Floors Total Floors % of Total Value 0 nnual Operating Expenses Plant Data Taxes (New) Fire ins Elevator Gardener Power /Amp /volt /Phase Liability Ins Gas & Elect Pkg Lots Rail Ldng Drs Heat #Dck #Well Cooling #Grd Water Trash Janitor #Toilets Pkg Spc 13 M/ W/ Foil Skylt Ratio 7.5 Fncd Sqft Plant SgFt Parking Open Maint Association Office Data Management Advertising $ Accountant $ Tot Sqft 1,744 Contract Services $ #Offices Debt Services $ Pa r Il $ #Toilets M/ W/ A/C Heat yo Reserves $ Security $ Sewer $ Supply Expense $ Utilities $ Vacancy % Source of Annual Expense Owner Provided Total $ 0 List Office/Agent Infer List Office Eeergreen Realty (H05467) Office 949-753-7888 Fax 949 654-8855 Res 949-654-8855 List Agent Sami Fargo (stargsam) Pager 000-0000 Cell Primary 949 654 8855 Agt E -Mail Yes Agt WSite http://www.tempo.socah ls.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 fisting Activit 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 SsrCommunity Development Department 12, 2007 Dr. Ashok Mehta 13771 Newport Ave., Ste. 11 Tustin, CA 92780 City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3100 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, }"1 Oeinoa Kapadia Assistant Planner Attachment: TCC Section 9233: Central Commercial (C-2) S:\Cdd\ReinalZoning Confirmation\740 EI Camino Real.doc Exhibit G Letter from McCormick, Kidman & Behrens, LLP, dated December 19, 2007 H. L. (MIKE) MCCORMICK• ARTHUR C. KIOMAN• RUSSELL C. BEHRENS• SUZANNE M. TACUC*R DAVID D. BOYER• DANIEL J. PAYNE' BRADLEY 0. PIERCE* ELIZABETH L. MARTYN• JOAN J. BENNETT BOYD L. HILL EDDY R. BELTRAN HANNAN BENTLEY" TRAM T. TRAN JOHN P. OLOWACKI 'A PROFESSIONAL CORPORATION RCERTIFIED SPECIALIST - PROBATE ESTATE PLANNING i TRUST LAW THE STATE BAR OF CALIFORNIA BOARD OF LEGAL SPECIALIZATION 'SOF COUNSEL MCCORMICK, KIDMAN & BEHRENS, LLP LAWYERS 660 TOWN CENTER DRIVE SUITE 100 COSTA MESA. CALIFORNIA 92629 TELEPHONES (714) 756-3100 (600) 755-3126 FAX 17t41756-3110 www.mkblawyers.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: LACUNA HILLS OFFICE: 23001 MOULTON PARKWAY SUITE 220 LACUNA HILLS. CALIFORNIA 92653 TELEPHONE (940) 464-2205 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. MCCORMICB, KIDMAN & HEHRENs. 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. McroRMIcx, 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'9 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 ;7 LIZABETH L. MARTYN JOHN PAUL GLOWACKI JPG:ddb MgrCOAMICS, KIDNAN & BEHRENS, LLP LAWYERS David E. Kendig, Esq. Re: 740 El Camino Real December 19, 2007 Page 4 cc: Sayed 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 In 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 seq.) 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 9, 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 a JAMES M. DONICH CHRISTINA M. DOYLE JAMES H. EGGART s CRAIG G. FARRINGTON ■ JOSEPH W. FORBATH ■ RICIA R. HAGER ■ BRADLEY R. HOG1N ■ DOUGLAS C. HOLLAND DAVID E. KENDIG ■ EDWARD Z. KOTKIN ■ ROBERTA A KRAUS ■ MAGDALENA LONA-WIANT ■ MARK M. MONACHINO ■ LAURA A. MORGAN r THOMAS F. NIXON BARBARA RAILEANU ■ JASON S. RETTERER r KYLE E. ROWEN ■ OMAR SANDOVAL ■ JOHN R. SHAW r MATTHEW R. SILVER r GREGORY E. SIMONIAN KENNARD R. SMART, JR. ■ DANIEL K. SPRADUN ■ ALYSON C. SUH ■ 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 fries, 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. Martyn, 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 11'h. City staff is prepared to assist In this manner again. BUT&li Elizabeth L. Martyn, 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. Marlyn, 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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This information is provided for your use and file. CURRENT ADDRESS 730 EI Camino Real NEW ADDRESS 740 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 04:06pa Fray-WCORMICK, KIDYAN i BEHRENS LLP 714-766-3110 Chair and Members Planning Commission Elizabeth A. Binsack Director, Community Development Department City of Tustin 300 Centennial Way Tustin, California 92780 T-662 P.02/07 F-403 LAGUNA HILLS OMCCI 22401 MOULTON PAR%WAY SUITE 220 LAGUNA HILLS. CALIFORNIA 926S7 TCLCPHONC I9401 404-2200 Re: Sayid Murafati, 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'j 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 411 rights to provide additional information and argument. MCCORMICB, KIDMAN & BEHRENS. 1-1-P LAWYMMS H. L. 1MIKC1 McCORM,GA` 050 TOWN CIGNTICk 01%IVE ARTNVR 0. KIOMAN' R uS421— O. SRNRENS' SUITE 100 Z LJ2ANNE M. TAGUIE*' COSTS Dda$.A, CA.UVORNiA 924526 DAVID D. S DANIEL J. PAYN E YNS• TELEPHONES 1714) 766-01100 BRADLEY O. PIERCE' IA001 7si-1185 CLIZASSTH L. MARTYN• FAX 17141 7SS-3HO JOAN J. MrcNNCTT •OYD L. MILL WW*.IKWM**i**-COR1 EDDY R. SELTAAN MICHAEL O. CARTER HANNAH MGNTLICY" TRAM T. TRAN .OHN D. GLOWACK, •A PPOrrA"W,. COAMKATWN December 10, 2007 ICC11/9FQ0 OPGCA,.IOT • PROO^TR CITATK MLANMNA A TA dT LAW TNG VATIC IIAR OF CAIJ►ORNIA 1-0^00 OF LEGAL SPEUAUZATIOM -W COAXMCL Chair and Members Planning Commission Elizabeth A. Binsack Director, Community Development Department City of Tustin 300 Centennial Way Tustin, California 92780 T-662 P.02/07 F-403 LAGUNA HILLS OMCCI 22401 MOULTON PAR%WAY SUITE 220 LAGUNA HILLS. CALIFORNIA 926S7 TCLCPHONC I9401 404-2200 Re: Sayid Murafati, 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'j 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 411 rights to provide additional information and argument. Dec -10-07 04:08pm From-WCORMICK, KIDMAN i BEHRENS LLP T14-766-3110 T-482 P.03/07 F-403 McConxicx. Ki DMAN & BEHRENS, LLP I-AWYCRS 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 architectural drawings to locate his office there. The City indicated for the next year that they would, "work with" Dr. MirmfK crud that there were pending amendments to tho code which would support his proposal and he would, "come out of thct circle." In fact, that was not the case; as explained in the Staff Report, new, more restrictive office use provisions were pending. Any argwmftt 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 (SO%) 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 prograrn 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. Dec -10-07 04:07pm From-kCOR111CK, KIDMAN i BEHRENS LLP 714-755-3110 T-062 P.04/07 F-403 Mccoarrxc$, KXDXA:q & BEaazxs, LLP I.AWYKRS Elizabeth A. Einsack Re: Sayid Mirrafati, M.D. December 14, 2407 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)(1)(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 &ontina onto Mai*+ Street or El C ,,,inn to eW , _ 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 (a)(l)(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 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 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 MON Frow-kIcCORMICK, KIDMAN & BEHRENS LLP 714-755-3110 T-962 P.05/07 F-403 McCoxxicx, RIDHAN & HRBzmNS, Lip LAWYERS Elizabeth A. Binsack 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 *Vrime location for a retail establishment" is directly contradicted by the numerous potential purchasers and experts that Dr, Mirrafad can identify who would testify that there are significant obstacles preventing any predominantly retail use of the building. The Report hexa 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 accommodate 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 EI Camino Real could feasibly trans%rm 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. Dec -10-07 04:07pa Fr=-McCOR111CK, KIDMAN i BEHRENS LLP 714-755-3110 T-662 P.06/07 F-403 McConxic f. KIDxAx & BAHnExs. LLP LAWYiloi Elizabeth A.Sinsack 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 type 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)(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 cor&ctare. 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 use& As noted above, there are already professional offices mixed in among the surrounding retail uses, specifically including a dental practice. 3. Acquisition ofthe Property. Throughout the Report the Planning Commission suggests that the dental practice would "Soot 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 Iocation 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 04:08pa From-WORMICK, KIDW i BEHRENS LLP 714-766-3110 T-062 PIVOT F-403 MCCo$MICX, XXIMAX & B]33E[7RZNS, UM u►WVCwa Elizabeth A. Binsack Re: Sayid Mirrafati, 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. Mirmfati 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 We 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 ro-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, KD)MAN & BEHRENS, LLP e��H L. MARTYN JOHN PAUL GLOWACKI JPG:ddb cc: Sayid Mirrafati, M.D. (via U.S. Mail) David Kendig (via electronic mail at dkendig@wss-law.com and U.S. Mail) Exhibit K Letter from Jigar Shah, dated December 20, 2007 C�n pix/ momn Discovery 100 W Valencia Mesa Dr. Fullerton, California 92835 Business (714) 626-2000 Web Site www.C21 Discovery.com Ofte • 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) . Each Office Is Indenendentiv nwnr?ri Anri nnarntari /„cerci STANDARD OWNER -AGENCY AGREEMENT FOR SALE OR LEASE OF REAL PROPERTY (Non -Residential) AIR COMMERCIAL REAL ESTATE ASSOCIATION 1. RAW PIIOVNNONs CIL4 C PROMs KMS-,) 1.1 ParUm Tars Ower-AQWxV (-AW"Men -), dated for relawnce purposes orgy March 13, 2006 is made by and between Sid Mirrafati, M.D. wtroa eI Is 11101 Bryan Avenue, Suite G Tustin CA teeptnarne number 7Lj4 599-8678 , Fax No. (_) rownK),and Lee 6 Associates* - Newport Beach Inc whmeaddress is 3991 MacArthur Blvd., Suite 100, Newport Beach, CA 92660 telephone number (94D 724-1000 Fax No. 9L99) 833-0608 12 PropatyAheataew The reel property, or a portion thereof, whkh is the subject of the Agreement Is mm" known by ft street address of 730 E1 Camino Real lusted in am Gry of Tustin County of Orange Stall of California and gwwdy dewbW as (dewbe brkft ft nm us of the property): an approximate 1,747 square foot office building on approximately 0.23 acres (-Propwe1 ). (See also Paragraph 3). 1.3 Torr* of Agrewr»nt The tarn of ors Agroemmt she/ mrrimence on March 15, 2006 and expire at 6:00 p.m on September 30, 2-0-06, except a it may be attended (-Term^). 0300 dp pra Waph 4) 1.4 Trantacow. The nature of fill transaction ow rrrrg the Property for wtrdn Agent is empbyad (" TM=&.dan') N (d*ck the appropriate box(es)): (0) 0 Au* br fh0 fo/owlrg sae price and terms: at terms acceptable to Ownerr acceptance being a fully executed purchase and sale agreement ane caror aoarocna stances twrnw rc&=* ly sings to Move aontehad in U* 'STANDARD OFFER. AGREEMENT AND ESCROW INSTRUCTIONS FOR THE PURCHASE OF REAL ESTATE' pudhhed by the AIR Cww mvW Reel Estate Assochdon (-AIR" ), or for rim Omer price and temr agresew to owner; (b) ® A Nae or other tenancy for aha biawrrg rend and ign, at terms acceptable to Owner, acceptance being a mutually executed lease document ww Qmw aar Pmol swx= fame nacnawy SknMar to throe eontal ned In the appmprhft AIR Nae torm or for such ocher rad and Woes a Weeable to Owner. 2. EXCLUWig EMPLOYIIENT AND RIGHTS. 2.1 Owner hereby ennptoys Apart as Owrwe $ sob end sock" *pert to represent Owner in Uro Trar"coon and to the btysre or MMMUM" Ckweeft* , n flys cora may be, far the Property Agent WW un reseorw* drpwi afTOAa to &W such buyers or knees. AN nepodatio to and d*arMon for a Transaction WW be conducted by AWd on bdWX of Ower. Ower stW prompoy dlsdoe. end Mer to Agent al wUWn or oral kqui t s or *nada reoetved by Oester from any scum r0gwdrp a poem be Traesadf m 2.2 Ower a *Wates Agent loo (a) Ram advarthirg slpns on Uro Property; (b) Peds a lock box an the Property r vacant; (a) A -W depovft ham poWn W buy— or basses; aro (d) DNbbute krornagon regardlg the Property to; k,pan1 In THE MULTIPLE (-MULTWUr) of ft AIR ands any orw soproprimbe local con.na W nmttlpls Mslhp nrvkro, Io otfrr trokas ad to pob tW bnyaa a N*se** d Or Prcprty. Owhr the Wenwy n 'canadentWay kUormanOn provided to Apert Unat Owrw considers cordidor" and don net wert ricloeed. M other krlarrmYcn provided by Oww may be dWkeed as Apert may deem sWoprets or rropuery. After co surrnMbn of a Tranaadbn, Apert Trey put*ke the terms of such Tmwocflon. 2.3 Apert shat corn" vAM flys Rules Of I'MhOebnal Candid of the AIR, If a nwnim or U no4 the Rues of Proesetonet conduct of Ur Society Of kWuebW and 0808 RO M^ end'" sutura Uro Property to aha MULTIPLE. Agent OW cooperate vAh pardcoanfa in the MULTIPLE and my, M Apert's WICOM, rxhopsrets AM WW real"We WOO" (00k dlvely-Coopuaft Broksrl. A CoWe voV Broker may, a a fhkdlmq berwk ay hereof, ertarm the terrrra ofttra Agrawnert agWnst Ower «Apart. 2.4 If alta Transe0on Is a nM and Apert finds a prospagiw buyer for dro Property, or if Ura Tro sadien is a lens- and Agent MrWs a prospeon WOODS for flys Property, Ower hereby sulhort m Agent also to repreaard and act err flys agent for such buyer or ossa, and Owner omwft to each duet agency. U a Cooperasg Broker fkds ash a buyer or Wsme, Uten Apant sIW ad ore apart for Owner only, de CoopwWrg Broker end ad as agent for the btyr or Ween only, and Uro Coop raUng Broin WW not be Owner's agent awry Uwugh tiro Copwvft Broker my shun in ft ow wNalon pad by Owner to Apert. A Coopratkg Broker" not bean agent a strbapet d Owner or Agent 2.6 Owner apron that Agent may, durkg ft ordinary and normal course of nwko*V to Property, respond to kxK*ios on On Property by shavkg and provklrp Irtormefo n an fine Property. as wn1 as on other compeftrp propertl0e, to prospectNO bus and lessen and fhat such adhdtfe s may rewrM in the prymwit of a oarwNssbn to Agent by a Oft party. s. PROPERTY. 3.1 The tem •Property^ " knstud* al of Uro tolbwkp whk h ace mmenuy loved on nro Property and am" by Owes permanent mprovernerns- dectriml dkitrRxMbn systarr (Paver Panty, buds duc ft oonduft dec--* Aphfing %&M etc.), teephom and*brrforn syslwra (Hues, jacks d oat Mone), apace heaters, air condWorrrg eghrpnrornL ler tines, carpets window txnaerknp*, vrOM oovarirgs, partAon doors suspended ceargs, bu*4 no such as cabinets, and U_ PAaaRECEIVED INITIALS INITIALS 018!7 - AIR COWERCtAL REAL ESTATE ASSOCIATION DEC 2 0 2001 FORM OA -1 -MM COMMUNITY DEVELOPMENT By. {2 K (if and are rw additlonW aerrs wrbe "NOhiEh. Ir as TrersaoCon b a sats tta term �roparty' shall adriltlahaay b1 lude, to the extent owned by Owrw, of end rthheral rights, bsaa and other apaerrmirds whkh vvfA cordkus affect Srter Ovwhsrs bartser a trtis to the Property. 3Z ;(b) hcnelrtas days afverr Ca carmvencenhernt d ills Term heed. Ower atue proMde Agent vvth the folownp: e and WY ermined Property infamalbn Shell an ata moat arrant form phbibhed by the AIR: es d Y leasesstlxbaserertY arserrerhbtlih, ,bsf ofer, or otter daaunenb con m"V any titer an Oevners riMaWitand dt.boundary surveys, and Mdatlrp nolss and bust deedl rnrhtkune to sited the Property steer conerrnrthation a a sed. 3.3 /bent shat have ro rgpongbWly for makMmwbs, neat, repleaemsrt, 01)"10n, or security of the Property, as Of wtft ells be Owmers sole rppwsblply. UW— caused by Agents Was nspIsnw. Agent Ymill not be WAS for any, loss. dwnape, or inhere to an prion or property of Owner, any lessees of the Proprh, any buyer. MoV*C&m Mryr. lase, or prosparihrs tone, Incrdng. but not Mhhtled tQ those vdYoh may occas as a result a Agents use d a iold boot 4. EXTENSWN OF TERM, if the Transaction is a sats, and a Sorb is not cmmuwrk ed for any natio Steer owner accepts an offer b Purchase the Property CSNW Agnsmenn, then du WOROon dale Of Cis Term of MIS AWeernrit shall be mdanded by the number of days that etai—d behver the data Owner emend Into tla gall Agreemerut and Cts War Of Ca dale on witch Ills Sats Agreernerl is ern*ud d or the delis Owner Is able to convey We to a new buyer fres and der of any ClIhm by uta prior buyer of the Property, provided, however, In no event sIW to Term be to and nded beyond one year from the data fa Term would have WwvW a eupxked. & CCYMIStIm 5.1 Owner Pail pay Agent a cmaksion ❑ in the arnouat d 0 in accordance with the oarprdsslon sdnduie attached hereto ("Agree Conartpton-)� for a Trwmaabon, wfhsdhr such Transaction is consum nated a a result of the effots d Agent. Owner, or some cover person or entity. Such Agreed Commission b PaYabM (p C the Trersactlan b a all (ry a buyer Is Procured %W b ready, and sits a buy ave Property at the price and an the term steed herein, or on any oiler price and tams spaembb to Owner; (iq Owner brwcttes or npxWn any Sate Apreemsrt, escrow onstructions or other d0MffnWta errsa W by Ower ngedng tta sale of fa Properly; (w) fa Property or mer nbnst dwar, is vokmWft or nvokrtarty sold, conveyed. contributed or kavefred: M tib Property or any ,Must memo b tskon undo fo power a ra. Wmt Domain r sod undera nd dcor twnrie e % r (y f Owner Is a pwbw Np, o t venture, m. pbwly muga y, ewporafwh, trust or other entity. and any k0wast in Owner is vokwft ay or nwkrhtsraq sold, conirbutad. ua MWW Or basernd to anoomir Person or ertky fat e of the dab im does not have any ownergyp Iromst in (b) f to Trrsad m b a Isms. (rya lens d the Pmpwty, r a prtlan ttwaof b mmt* k r @) a *ease b proarad who is and abbe b tea fve Property an fo terms ststsd imakh ran any afw rant en fr tart, apraeabir to Owner r tasty, �D (c) it Otrr,r (ry snows Or Wtdrayss the Properly from a Tranagfpn or the in (1) ads a if the Property is not evele le for a Trtrsa om (9), 1 fa Property n not avWrbb for a Tra,ermon; (M traecthes temi,es, sensate Or repudiates No Agrownert; M radar the Properly uvrtarkglabW or NO clan the status of ft Pfgm" acne Mesas. SWgwnal , phyMaai oadffi n Or ether SePrb ffered white such dWW ady-* kraada fm value, use, desirability or mak@Wft of ft Property. 6.2 If the Tanseclon is a sale, to purchase agrawnerrt endfor escrow k0b.dbrhs to be rived into by aunt between Owner and a buyer d owProperly sial provide thrat (ate b kskueb the escrow hoar to pay kwn Ow nw S proceeds a=UbV to Ca account d C)mw at fa doe d escrow ft Agreed AqeM (b) A c-*Verwy to an owvuarrn bm of ft sate stat be Chs prymert d fro Agead Corm "slon b Agent at or prior to doss of the escrow; and (c) No dminge steal be mads by Owner or tsryr with reaped to fa Was a, amount of. or fa oondido s to Payment Of the Agreed Com *Wm. wlbout fiQm*s vwtlen consent. a ALTERWArm TRAMSACTKK if the Transaction dnerges to arty afar barsac km% hdumng, but not Itnaad b, a gab, exmtargM oplon to buy. rphl of first refuse, ground tease, lee, subbase or rids mutt of Irak (collectively "AhwnWm Tranpeforij, there Apert &aa aammUcay be Owners ads and exckske Agent for such Alternative Transaction and represent Owner In such Alterrvefve TwmckM under the bra and croratlo, Of It" AlFbO t. if, dump ft Term hered, an Alternative Transaction is a" Into. Wien poseur std pay Apert the Ageed Cwrardnian. T. EXCLUDW AND REGISTER® PERt0M 7.1 Owner Yat, wdotn 1ho business drys SW five dab hereat provide /bard, in writing, me the name of ftm Perm or snfHss with Owner by any other inolm oder any prior ageenot oatoerrtirp fa Property CVwkdsd Pe aaom', orparayapls 7.4 owner stmdso specify for eadt Excluded Person the type d WmsWm ft cmmxnmmWon Of~ dtrkp five Tenn of fhb Agreement entities each other broke to any ownpersafion CTxchnded TarsWlon"). if Owrar wady provides Agent with the names of the Exskded Pergwve and spedlas fa Excluded Trersamm kr each E mkded Person, Chan the AgeW ConrNWon paid to Apert with reaped 10 oorhKmwmgw of such an Excluded Trasaction wffh an Excluded Perrin rel be amtied as klovve: it Km h Elwkxded Transaction le CMAKIed wWM ft frit ftrty days of the oamienpnaa of Its Tann hero/, therm Age t shat be Patel a cwrtdaen aqueh to fa reseora fb out#poekrt eayerre Inouned by Apert in ata rhwlalnp d uta PaPerh dhang sold Oft drys; or if such Excluded Transaction Is concluded *AV fa or& '40 of to Term hm*K Bien Agent shall be erhIN to a e m.*Gen equal to or *N* of the Aged Commisslom If ft spedMd a Fm.. tin conomni Excluded Pantos and Transactions Is not provided as ad kd h hrsK tion it Yea be oot"alvay deerro it* these are no Ex*xlsd Persons. 72 Agent Yves, wiftn flus ft*w s drys abler, the n""m of tib Term,, mit provide Oscar, in vwtip, %ah ave name of ft" Iwsormi or entillm and spell fve x. Amit ellm dhm* or to d to � for n m iokmsuch � �b to Term hereat ClIteMsered Parsons•, ae Drs @ ata' 7,q, who specify M type chairs Or' urrs d IPropntent however, were can ucied d . Those persona or enlfasa ereamrfcally tis downed to be Registered Penson for ft type dlrmantion wftdh was five su l*d of erste ofMr or Isfsr of frem if Apert flak to troy notify Owner of to er I - ' of any ofm Registered Prawn ton It chat be conclusively 1 0* Itwe Registered Transaction for ream no aper Repbtred Parma A psreprh r rally after not be a Registered Pow N Aperht esu to *Tl* Anspeedy a parson or enfay, If Apert wfcta to repbbr the client of a Coopwafnp 6rdw, Apert mast obtain and anbnrYt b Ower written approval a such repbkatiorr gprnad by red+ Cooparatkp craw. The Pwtkm are aware frt the regbkaton d certain Individuals wWW antis nVtl creak a Dual Agency, and Owner hereby assents to ary Such Duel Agency. 7.3 It. wifnn oro hundred aptly drys alter fa m iraffah of fa Tmn tared, Owner enters inn a cwhtrad wfWh a Registered Person for consur-norfor tits R Won of R@ Tnnsscdon, aver Ower af", UPW c—MrAllm d such Ragbbnd rra,acfan. pay Ag" IM Agreed C—MW- for it, wdW one hundred ephty days Slier Re m"afon a the Term hared. Owner erten rnlo anottw owner-agerhoy r Neftry agement YAMS tucker other fun Agent for any kanseclen ccrnm" the Preppie, tion Owner Yfaa points to OWWS naw bracer the manes of tills Reglialm for each Regbbad Perp,, and provide in such new Spearmint fol the new broker Yat ,t be entlfed to receive any Of ft CWWMUon plysble to Agent harouder for awnu room of a Rooder d Transaction with a Rsoblrad Person. 7.6 In orderto quaWy e bean Exckaled Person or a Registered Person ft kdlWdraal or entity mud haw: toured the Property. s AWM@d a letter of irdwast or intent. andfor made an aft to buy or bas the Property. in sdd WM Eududed Panora may way be regISIN by s broker w a pevWusy had a vafd left agermt coving fa Property. and such brow may My ragWw ndfviduale and wtbu actually procured M such RStlrtg Ixrciar. R OWNER'S REPRESENTATICNs. 8.1 Ownerreprearts and warrants fat (a) Each person cocutnp this AWeemert on bafWf of owner her fa full rpht power erd aufhorty to waorBs vets Ageramt as or on behaf of OmW.. (b) Owner owns rhe Property ermfar has the fug eQK powt and suit* to exsects rob Agrerant and to cormarS,te a Transaction as provided herrn, and to perform Owner's obagrlens herrSder, led Nelfht Owner nor the Prop" is the subject of a bthlwplW, Insolvency, probate or co,ervotcrai* prpceectrW PAGE 2 OF 8 _ - NUTIAt.S WSTIALS 01 "T - AMR COMMERCIAL REAL ESTATE AssoctATION FORM OA-1-Ul7E M 01MWrraaOar W+rrMMaw o wr y�weyR p y�:r.rr. r rs "q.►. r+4 r s wyw ar r arty~ r IL o1lre�f 1lY wre�y,ynrwwrM�a ifrr td*w'0 , ry q�„raA'Mr ~ ape"** fll AA1r �Mtr�leyr Mrrrq r ft ""am mor Oodho &A* Uft *am Apo MM�Arr y� � all e1N1e r rMje hr. rwr`~ rr aMM AMr11 r�rr r Mrr rr MrrrMyyM rltl A rw0 rylr1Y rMrMr4+�yt •i m'rra a "� a rr aMrrraw.r a bW. b, MrPIWMft MMa1111 M rye an1r11r rna riMsr r r1aMiMrM �r tarp I yWAM a Mor w =a MO r�M 711 O*MMEC �l #"ft A1M11AA11a 1+N pAWMVNAIrIM�1�OM CHUM OWL "T W �MonsM ag n uM ON ronN It Aar1Ar M1M mmm A-ftw MMMiYMMr 4t",Om w Mt 111e1 r a wbrp YM1r rr/ r r on a rrr term 11rri1 rM rrraMrnrwflrwira/prr- --U_, M40 14 9lrwrrrrrr4ra�ww,y�„gygpwx ow 0-40 Apr G�w � yam+ lyOw�Mrl»MOr MgtYrrrhYrryy V& rp��ryeir rwwMarrrpYr�w.v •�irlMMtrrrwiNwwrYNM rr�rwi.w�l a �Mrl hMr W 1y.v.rw1 toy +..1w.w «Mrr rararr pM nue aI W iwpr eae y � art.. wrev � Aet AGLVr 51d Mizr E M D. Lao R1ort 7aam Ino !. an ME, M ;mVaid � ratatl, &D. 1eMe k WW am o"M That"MOM OW MOON* MOd-*V wMiwrrsrfyrarlrpyarA A►rlsnAatMrl wr.rMMyaA.�wrir 10 MW go" 6W AN COMrrllra d300ArrMq 100 al MW SL as 0% LsMrK CA OW". T*WhooIAL P4► Wr-SM, AY Mra Q1>/VV4M wM�MMwma4r era..Aww �.—sor Ms" WSW a1M. AatDOMMO01K WAL WrA7SAerMO NO= rO1W 0"400 (d) Owrrr hes no notice or knowkxVe that arty lessee or subles"s of the Property, it arty, b de subjed of a bankruptcy or ineaNwicy proosedtnp; (a) There are no effective, valid or endanceable option rptks, V" of ltat refusal. riphb of brat offer or any diner restrictlom irnpedirrunb or Wnitadons on Owner's right, ability and capacity to cosun late a Transaction, except as disclosed in wftV pursuant to Paragraph 3.2(b). 8. OWNER'S ACKNOWL EDGMENM Owner aclolowledpes diet 4 has bean WviW by Agent to wnm It and retain experts to advive and mprese"t it c-cernkfp the W90 and tact effects of this Agfeamud and ca wmmabm of a Transaction or Alternative Traruacbm as wed as the corrNian and/or lagadty of the Property, long, but not Waded to, the Propw" Improverrnatty, equipmrmt. sod, tenancies, title and wwwwrtfartal aspects. Agent shed have no oblpetbn to any W -eh mattOm UNM WPVS* ofherw me agreed to kn wrtdt9 by Ow nw and Agan. Owner lu tw admMedges that in debnndrfttp the BrercW sandrae" of any prospective btyer, law or security offered. Owner wi rorty nobly upon Owners awn Inves4mion, notwf0wWX*V Agent's naMence in gat W" such Irdwmation. 10. MISCELLANEOUS 10.1 This Agrewrw t shit not be construed either for or against Owner or Agent, but chef be Interpreted, construed and enforced in accordance with the mutual hent of the parties ascertainable from the WVuage of this AgrewnalL 10.2 All Pennant by Owner to Apert &hal be made in lowrfit United Stat" currency If Owren fala to pay to Agan any arrnout %titan due under thle Agnerten, then such smart stall bear tdered at the rate of 15% per anarn or the maWmtrn rate allowed by low. wtddeva Is I"s. 1O.3 in the oven of WJgWw or atbilradw between or amap Owner, Agent, a Cooperating Broker, a buyer, prospective buyer, leasee, or Pro$Podtn M"see of the Property, or any of them. arl*V nxoder or relaltq to fhb Agre rren or the Property. the prevW" Party shell be pact as atlaneys fees and ctght by the 106kV party. The tans, Tmvdng PO Y del . wMout Imladm, one who sufxWntady obtairs or dafeais the rekf aorpht, n the nese my be, w h8ft- by comprombs, &61111- IL XKlip en, or the abandonment by de otter party of Ma dWm or deftnm The attorneys fees award shad not be computed h sccordernce wth any cont to sdsdns, but shah be In an amount to fully mkr buts al sttaney'a fast reasonably bored M good fait 10.4 owner agrees to ander dfy, defend (with cwursai reasonably, aoarptable to ApM, and hold Agent henry"a from and agatrt any date or liability asserted agatst Agan as a react of the Mw of Owner to make a k/ std complete disclosure pulurt to law and paragraph 3.2(a) or as a result of the led that Ory of the repress teflon nada by Owner (sea psrapraph 8) wan not true d the time #W #6 Agee nwt vas slpnad. 1O.8Owner hereby rebases and MMM Agan, and waives Owners OrMte right of recovery against Aper, for dined or eomequwldd Ion or damepa arbtrp out of or Incident to the perils covered by tmruma retried by Owner, wA Ww or net due to the neplpsnca of Aper. 10.8 in de avert Thai the Tnnm cdm Is not an onrlpht "le. Owner aghast Out ■ Apert Is rat paid de Agreed Conmbsbn provided for look v&M thtty drys of ds date dna. set Agsrt alai have a ltn h the amort ofsuch m.w.d tam and my road a notlos of such Man. agM* tie Property. 11. ARW RATION OF DISPUTER 11.1 ANY CONTROVERSY ARISING UNDER OR RELATING TO THIS AGREEMENT SHALL BE DETERMINED BY BINDING ARBITRATION TO BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION W ACCORDANCE WITH ITS COMMERCIAL RULER, ARBITRATION HEARINGS SHALL BE HELD IN THE COUNTY WFERE THE PROPERTY IS LOCATE). 11,2NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEINO TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE TIE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED W 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 ClVIJ- PROCEDURE YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. 11.31AE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES PROVISION TO NEUTRAL ARBITRATION. Owner s IrddabAgen'a�Initials 11.4 THE PROVISIONS OF THE ABOVE ARBITRATION CLAUSE SHALL NOT BE BINDING ON ETHER PARTY UNLESS BOTH PARTIES HAVE PLACED THEIR INITIALS UNDER PARAGRAPH 11.3. 12 Addki*" ProvW me AdgJonal Provbicna of eta Agnanent ars set forth In tie fdbwkV blw* Wes or In an addwW m ndedud haeb and mada a Part hereof ows"XI Ofparographs 13 through 14 (If lbws we no adddarad Provblars why'NONE"): 13. Owner hereby authaiz'es Agent to nosy ad mutton lie" services a& to duuWe in bwtN orphwdam Acte, asking rental or &ales prices or any otler changes In tams or AvalslAttV mer oml to by Owner and cammink; awbj or h mits" to Agent; 14. Lar"Ord ctrl haws the right to Cancel testate Wmmv rt arytba s tw third Or* wroth of Ow W" tam by 01" 8roksr **V 03q dry written noticm 7 "AGENT' Lee 4 Anaoeiatea* - Newport Beach, Inc. Brian Ga / Andrew Robben By. Dale: NNOTIC114: These rant ue often modMbd to meet Grisro p requtemana of law and i nduaty rise I , AAvays wide or call 10 unlet sure you am, the most current krm AIR Cormerdai Red Gyle Anockdon, 700 So. Flower SL, Sim 800, L.os Angdea, CA WM7. Telephone No. (213) 887-11M. Fax No.: (213) 087-ea1B. RobbmWlr f 730 B Cmy*w Kmk*wrer AV" PAGE 3 OF 3�►�� 54FRAL.E INITIAIA ®feel - ALR COMERC7AL REAL ESTATE ASSOCIATION FORM QA4-efe7E PROPERTY INFORMATION SHEET (Non-Rfsidentlel) AIR Commercial Real Estate Association PWACE: Purpose: This Statement is NOT a warranty as to the acted condition of the Property PrwrAass, The puppy is, Iniad, to provide the brokers and the pot ntW buyeriesess with irnporta t infonrudon about the ProperWRamhes which is aarartly In the actual Mowtedge of the Owner and which the Owner Is required by low to disdoy. Adud K now isdoe: For ptgxms of rtes ststenbrt the phrase 'acted knowledge' memo the marenan of a tad. or the awareness at sr tticia t m(Om MM and d(aanda vm 90 • to cum one to blik" rut a certain sUition or pond Um proba* exgb. TO WHOM M MAY CONCERN: Sid Mirrafati, M.D. (Owl owns the ProperygPronbee eortw" known by the groat address of 730 El Camino Real located in the City of Tustin County of. Orange State of California and 9earaly docibed as (describe trieft the nacre of tha Premien or Property) an approximate 1,747 square foot office building on approximately 0.23 acres onersin ally "Propariyj. and man Cat f. alataret Phyabal Dara». Owner has no acWd knowledge of any malerW physical defads in the Pmprty or any improv snots and structures thereon, tKhrfng, but not IkrdI to the roo( exoapt (If there are no SNOW11 s writs 'NONE-): 2. Equipnant A Owner has no achwl WwMgdga sat ifs heating, vertasting, air cM MMft *ren ng, loadingdope, ebchkel and Aghtinq eysisrrs, We "term syaMnn, -aft system ars nadenical equfpnant wdWM Or the Pre" as Of the date hereof, d any, ue net In good operating order and =OHM axaePt Of there NO no excapdons writ 'NONE-): B. Owner has no actual l kowiedge of any lyes, ftwo dng agrs arnerrb, sats or other eperronts afecllg any Npapowt which Is being bduded with the Property, coapt (irons are no exoapR wryt'NONEI): 3. Sol CendHlorr. Ower has no acini knowledge ant the Properly has any 114 '10 ,Moro, sedft Sooting, Ponding or m other graft, drainage or toff p oft. , sokoept (a thous are no erceptfars writ 'NONE'): 4. WMM. Owner rep eaaas and www" ash the property is served by the faaowtng uNUM (Crack the approptaM beree) O plop BMW system and the cwt of asM OM sena has ben, imam paid, 0 prhralt sePtio sysMM 0 e1ectrloly, 0 rrabaal gas, 0 domesib water, 0 MMph ne, and 0 ahrer. a. Natural Hazard ZM& Owner has no scud kcwedga Mut the Property N bored within a dsYnaMd Scod, earagnpda, or of m natural hazard zone aocgot (d sere an no exceptions wft 'NpkIE`): th. Compliance With Lawn. owner has no stud knowedge of any aspad or condition of the Property which Hates apple abia him, roses, regunhdora, codes, or covwwft conditions or restrictions, or of Imp v4wnw s or altaratlone made to the Property without a Pemdt where one was required, or of any udul W order or diredhis of any appacabe governrtbnt agency or of any ca"MIty insurance company that any work of invasugsit-, rmrsdeMon. repair, malnrer"s" or improvement Is to be perbmed an the Proparty, snag (a there are no mmepdore YOU 'NONE"): 7. Hazardous Subatsneo and M0kL A Owner has no adud know ledge of the Property aver having g bon sed as a waste amp, of rte pat or present exwence of any above or blow Wound garage tanks on ere Property, or of ere current eodstance on the Property or sabegos, be mWman contabrhg PCE's or ony hazardous. ta)dc Or edKibce utstance whom n airs ardVor quanQy of oftenx, use, Manufacture or ailed, render It subject to Fede if, guts or bat relpda M inv8stigation, refrediatiot or rernovd as Po*%* krjurbus b pubic MaM or waUan, sxapt (if Man are no ermWft s write 'NONEh: PAGE 1 OF 2 MM - AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM P4FirgsE e. Owner repreaw" and warar" that K b not arnMly, and neva has Dean engaged W the busteas of hvA V waste, and now gored hazardous substances on the Property. kept Of there aro no axoWftU wrtle "NONE-): C. Owner has no actud KrOMOdpe Of the exbsen" On the Property of hazardous Womb of any mold or fuhgt defned as tcodc under applkabit Stab or Federal law, except (if then are no excepftu wrks 'NONE*): S. Firm Dernage, Owner has rro arxuM knowledge Of any structure on the Property h W4V Rdlered material ft dam wrib'NONE y cgs, escept Mthen she 0. AcUons. Butts or Proceaditn9aL Owner has no acbel W wWdps that any actlorts, sWb or proosedir" arei Pg or threatened before any Dart, arb sd-1rl —M, P -- W" departnard, conrtAssgn, board, bureau. eperxy or txdnSrterrtalgy VM would Mled the Property or the ngM or abiRy of an owner or lanud to convey, occupy or utMxe the Property, exoW (if Vere are no womp(tar wait! -NONE-): 10. QOVemaWUW proceedtnps, Ohara has no acWW MX"Wpe of any exbtlng or co A@"VW d condsrtnstlan, ernAronawAal, zonkV, agency plan or other lad use MP MM Poceb*W wtdch could delrtnenlaly aged Ve value, use and opersitin d Vr Properly. exosid (it these we no exceptions writs "NO : 11. Unrecorded TWO MMtsn. Owner has no adtrl MwMadpa of army arprnbrarnp, coshes, cwKWO e, rens. assernorft Wares, parr, duryu err atha "Oft s ~ MMd the #110 dths Property ttet am not reowded h the of hd ram d the cou ly recorder %hare iha PrOP"ty b kcaled, except (0 there are no a(ceppOM wits 'NONE*): 12. Lasses. Owner h ea no aduM Inowlsogs darty lseem sublease or Other errrK,y, agreanherba alMcthg ftprop".�cePt pt Ownars no exceppare wft -NONE-): 13.Oppons. Owner has no ad W>owNdpa of ani oppara to ptmduga, rfghb Of fast rabW. atfscfhp de Praparty, exc MX (K lhhers are no 0" d otter or other etr>Ar agresmaiM wacep0orr wrhM'NONE'): 14. OVer. of will be Psueed thM Urns we no sddWonM Ileus which warrant dWda" unless Vey an serf forth heraln): The Mateneafs hwetr rd0 be -Bed upon by brohms, buyers, Masses, Isrrdsn and OOras. Thwailb a, O%nsr anNo Urs Owners Propa11y OMW has reviewed and nsadln Ode WVApd stMMaaat as nswssnyr CO aonrrsb* and oarkW 144 Stals a0 the moan aabrlM however, To the suit arab rnodl0cmdore an not mads, thM atWmart may be n0sd nporr as pry 1 tL This stsywrrk aaifth ai OWOPrYM PmUw of W or k� d Proanptq mob, signed urt0 We to the P""fl r IS trahaNrnd, o� �annbYaad r from the dab Ws ststsaiart Is Oele:, (fie to dies daa sxdkn) Sid Mi a ti, M. D. BY Si , Tme: BuyedWs"m hereby scbnwMrbes rmr:W Of • copy Of 8* Property WAonnMkn Shut on Norm Prtkad: Tiger: NOTE: Th ms for., ars o1Mn mrodifisd to mut Ol ang" mquimmft of law and frrdumfry "mods. Ahnys waft or cab to maks awn you are u0zng the mole coned toren: AIR COMMERCIAL REAL ESTATE AMTION, 700 South FWanr 90*4 SWb rasp Los Aa" $w CA 18017, Telephone No.: (2117) tap -8777 Fars aro.: (217) etrf-sltf K.0bb9uhdtaft*730 El Comm Kest -nip irdo PAGE 2OF2 C2000 - AM COMERCIAL REAL ESTATE ASSOCIATION FORM PI-L7JOfE � �\Lee 8 ll�ii Associetes® COMMERCIAL REAL E57AYE SERVICES SCHEDULE OF COMMISSIONS A. SALES, EXCHANGES, AND OTHER TRANSFERS 1. salsa roved Properly (substam8atiy lacking amenities necessary for urban deveiopmerk, vAt as roads, utilities or zoning): 10% of the gross Pim 2. Improved Properly: 6% of the groes sales prks, 3. Exchange: Each party to the oxchangs site# pay a fait sales commission based on the type of property in accordance with this Schedule. 4. Joint Ventura: If a joint venture is effected in #aa of a eeie, a full sales commission shall be paid on the bask of the value of the property as determined for purposes of the joint venture agrear nerd and the percentage inbreet thereof which is being conveyed b the joint venture or the joint venturers. 6. BMW*" Opportunity: 10% of the gross gabs price. B. LEASES GROSS LEASE WT14 PROCURING BROKER e% of the rent for yews 1-6 (4% to procurkp brokar) 3% of the rent for years 8-10 (2% to proauiwg broker) GROSS LEASE tMTHOUrPROCURINGBROKER 4.6% of the rant for yero 1-6 2.26% of the rent far yeah 6.10 1. Term of More Man 30 Years: InCludfng Ground Lwaa, N the WOW bur tum Is In sxcaas of 30 yeas, than Our COMMIS ion Sha# be ClIbA /sd only upon the rental to be paid during the *V 30 ysare of the tam of the Nage. 2. Sublease or Assiprmrerrt 6% of the rant pay" under the assignment or sabMpig of a prop bass during the balance of the larm, or 7% in the case of a not Was. If a ash bonus or Mane sum Is paid by the suoaaaor tusnl, a sets cor n*don shd also be paid in wcorda►w with this Schednla. 3. MwWW*4 orsfh Ter nW. The commlesion SW be 60% of the first m Q11111't rant but In no event lsse than $400. In the evert a montlrio"manih tenant subwKNO by execatst a Mase, either direct with Owner or through Broker, wftln 24 months Man the dab of occupen Of the terwrt, then Braker shat receive a leasing commission in socordance with the provisions of this Schedule. Y 4. ExtwW m of Leap or Additional Space Taken: Should tis tam of the Mee be extended or the terse nt occupy addMWW space, then a ssion " be Paid when said term b extended or said add#IorW space b ankhag occupied. The bg commission sbe computed in accordance with the provisions of this Schedule and by using the rafts applicable as if on Inklel tam of the base had kx*x*d said extenekn period or to premises Initially derdssd had Included acid additional space. 6. Pumhwe of Property by Terms Should Want, his sucowore, or assiprnp purchase to subject property during is tam of to wow or any extension thereof or wttfhkh 100 days stair axpytbn thereof, than a eerie oammlpbm shall be paid when to purchase is alficled. Said sales commission shall be computed in accordance with the provhfas of thls Scftdub, Was the amount of paid bur com miasions relsted to that portion of the Wage term axderWi g beyond the elbctive dab of said purchase. C. PAYMENT OF EARNED COMMISSIONS 1. Commissions ghat be Paid through escrow upon the dosing of seise and wodwga transactions, aboard an escrow, commissions shelf to paid upon recadatdn of a dead or upon dalmy of such dead or otter corhveyanos ff reommon is dahrred more than one month thersafbr. In tin event of a =*act or apnantark of salsa, jolt Wit" OWU" old, busks" 0pportw* or other trarsectim not involving tin deAmy of a deed, crorutitebns shd be paid upon execution and delivery of the Immanent of conveyance or eabbwtngnt of on wdit w t 0f Ownership. Leming and subleaaing oorartbsbn aaaxt shall be paid upon aon and dallvery d a lease by Owner and tenant 3. Broker is hereby authorized to deduct its commission pursuant to this Schedule Iron fiends hold In to butt account; Owner shall promptly pay any difference in cash In accordance herewith. Owrsr falx 10 males any palmar# at ft 11ma requiled hereinlow., the daMrquerd suam(s) shat baa interest et tier ma dmium rata pwmftd by 2 This Sdbdhls and fits Agresino to which It is attached aro binding on Broker orgy when eacabd by both partes will aoad modtficgean of the pill ftnna; provided tet any such rasulhorired MIXIMc Ione will be arl0dr rod* by Broker at Its option, provided know tet cry officer of Broker Is audwtzed to modty such terms by eftouting each Agreement or by inMyaMrg such modifications. 3. This Schedule nand be Used only for ftMetos In which Lae d A"odalp4Newpdrt Basch, Inc. ls iwohrad an end not bs dfabtbuted to other party. The undersigned hereby aduwwltdg" receipt Of a COPY of VA schedule end agrees to may a commisNardah as onnvbdM no..r. Dated OVYNER/LE Sr- Addnte: Telephone 1114) 8448676 SROKEW Los i /Wtoc 1" - Newport B"c4 enc. ! Andrew Robben Ad'I 3011" NWArtler Bird.. Sul 100 Newport etach. CA 92M Telephone (a4817711-1000 RCH.'xBnbbreL48rnwsetrLTchmd ykyrConrMWjM -AftrrC& .obC Exhibit L Letter from Tustin Chamber of Commerce dated December 7, 2007 V S1'I• 1'1 CHAMBER 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: 4 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 imps 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. 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 El 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 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 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 ■ (714) 558-7000 ■ 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 ■ 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 0 RICIA R. HAGER ■ BRADLEY R. HOGIN ■ DOUGLAS C. HOLLAND DAVID E. KENDIG ■ EDWARD Z. KOTKIN ■ ROBERTAA. KRAUS ■ MAGDALENA LONA-WIANT ■ MARK M. MONACHINO ■ LAURA MORGAN ■ THOMAS F. NIXON BARBARA RAILEANU ■ JASON S. RETTERER ■ KYLE E. ROWEN ■ OMAR SANDOVAL r JOHN R. SHAW ■ MATTHEW R. SILVER ■ GREGORY E. SfAONIAN KENNARD R. SMART, JR. ■ DANIEL K. SPRADLIN ■ 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 Ad7-m#essional Comoration 1 / DAVID E. KENDIG 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 Exhibit B TCC Section 9297—Definitions TUSTIN CITY CODE ZONING 9295g 9296. After the conclusion of such hearing the City Council may within one (1) year adopt the proposed amendment or any part thereof set forth in the petition or resolution of intention in such form as the Council deems desirable. (Ord. No. 157, Sec. 9.7) 9296 NOTICES OF HEARING a Definition Whenever this Chapter prescribes that a pubtic hearing shall be held on the application for variance or amendments to this Chapter, notice thereof shall be given as provided in this Section. (Ord. No. 157, Sec. 10.1) b Notice of Hearing Notices of the public hearings on applications for uss variance, appeals and amendments to this Chapter changing the boundaries of any district shall be given by the body conducting such hearings in the manner prescribed by Sections 65500 and 65854 of the Government Code of the State of California. (Ord. No. 303, Sec. 3) c Notice of Hearing: Special Hearings Notices of public hearings on matters other than a& specified in Subsection "b" hereof shall be given by the body conducting such hearing by publication in a newspaper of general circulation in the City of Tustin, at least ten (10) days before the hearing. (Ord. No. 157, Sec. 10.3) d Notice of Hearing: Failure to Post Notices Failure to mail or post notices as specified in Subsection "b" hereof shall not invalidate any proceedings. (Ord. No. 157, Sec. 10.4) e Notice of Hearing: Filing of Affidavit Upon rvmpletion of the.posting or mailing of the notices provided for in Sub-► section "b" and publication; of notices as provided in Subsections "b" and "c" hereof: the City,. Clerk, if the hearing is held by the Planning Commission, or if the hearing is held by the City Council shall cause an affidavit of such mailing or publication to be filed in the permanent records of the particular proceedings to which such notices pertain. (Ord. No. 157, Sec. 10.5) 9297 DEFINITIONS "Administrative Office" mans an office for the rendering of service or general administration, but excluding retail sales. (Ord. No. 157, Sec. 11.1) "Adult Bookstore" shall mean an establishment having as a substantial or signi- ficant portion of its stock in trade, material which is distinguished or charac- terized by its emphasis on matter depicting, describing, or related to specified sexual activity or specified anatomical areas, or an establishment with a seg- ment or section thereof devoted to the sale or display of such material. (Ord. No. 819, Sec. 1, 2-19-80) REV: 1-82 LU -2-80 CITY CODE "Adult Business" shall mean any business which is conducted exclusively for the patronage of adults, and as to which minors are specifically excluded from patronage thereat, either by law or by the operators of such business. "Adult Business" shall also mean and include adult bookstores, adult theaters, massage parlors, topless dancing, stripping, figure modeling studios, adult motels or hotels, but shall not include those uses or activities the regulation of which are preempted by state law. (Ord. No. 819, Sec. 1, 2-19-80) "Adult Hotel/Motel" shall mean a hotel or motel which provides, through closed circuit television, or other media, material which is distinguished or characterized by the emphasis on matter depicting or describing or related to specified sexual activities or specified anatomical areas. (Ord. No. 819, Sec. 1, 2-19-80) "Adult Park" means any mobile hoarse or travel trailer park the spaces of which are rented or leased only to persons having no children under the age 2) of fifteen (16). (Ord. No. 329, Sec. "Adult Theater" shall mean a theater which presents live entertainment or motion pictures or videotaped presentations or slide photographs, which are distinguished or characterized by their emphasis on matter depicting, describing, or related to specified sexual activity or specified anatomical areas. (Ord. No. 819, Sec. 1, 2-19-80) "Alcoholic Beverage Sales Establishment" means any establishment where an alcoholic beverage is sold, including, but not limited to, liquor stores, bars, lounges, restaurants, markets, mini -marts, gas stations, drive-in dairies, bakeries and florists. (Ord. No. 920, See. 6, 11-19-84) "Alley" means a public or private way less than thirty (30) feet in width w secondary means of access to abutting which affords a prnperty. (Ord. No. 157, Sec. 11.2) "Alteration means any exterior change or modification Drequiring a building permit of any Designated Cultural Resource or of any property located within a Cultural Resource District. (Ord. No. 1001, Sec. 3, 6-20-88) "Apartment" means any building or portion thereof which is designed, and built for occupancy of three (3) or more families. (Ord. No. 157. Sec. 11.3) "Beverage" means beer and other malt beverages, carbonated mineral and soda waters, and similar carbonated soft drinks in liquid form which are intended for human} consumption. (Ord. No. 993, Sec. 1, 9-8-87) "Beverage container" means the individual, separate bottle, can, jars., carton, or other receptacle, however denominated, in which a beverage is sold, and which is constructer} of metal, glass, or plastic, or other material, or any combination of these materials. 'Beverage container" does not include cups or other similar open or loosely sealed receptacles. (Ord. No. 993, Sec. 1, 9-9-87) REV 7-00 LU -2-81 TUSTIN CITY CODE ZONING 9297 "Block" means all property fronting upon one side of a street between intersecting and intercepting streets, or between a street and a railroad right-of-way, waterway, dead end street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of a street which it intercepts. (Ord. No. 157, Sec. 11.5) "Boarding House" means a dwelling other than a hotel or motel, where lodging and/or meals for three (3) or more persons is provided for compensation. (Ord. No. 157, Sec. 11.6; Ord. No. 1225, Sec. Iv, 1-17-00) "Building" means any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, animal or chattel. (Ord. No. 157, Sec. 11.7) "Building, Accessory" means a subordinate building including shelters or pools, the use of which is incidental; to that of the main building on the same lot and/or building site. (Ord. No. 157, Sec. 11.8) "Building, Main" means a building in which is conducted the principal use of the lot and/or building site on which it is situated. (Ord. No. 156, Sec. 11.9) "Building Setback Line" means a line established to denote the minimum distance a building may be constructed from a property line or right-of-way line. (Ord. No. 353, Sec. 4) "Building Site" means a lot or parcel of land, in single or joint ownership, and occupied or to be occupied by a main building and accessory buildings, or by a dwelling group and its accessory building, together with such open spaces as are required by the terms of this Chapter and having its principal frontage on a street, road, highway or waterway. (Ord. No. 157. Sec. 11.10) "Business, Retail" means any establishment where the retail sale of any article, substance, or commodity, but not including the sale of lumber or other building materials, or the sale of used 'or secondhand goods or materials of any kind. (Ord. No. 157, Sec. 11.11) 'Business, Wholesale" means the wholesale handling of any article, substance or commod- ity, but not including the handling of lumber or other building materials or the open storage or sale of any material or commodity, and not including the processing or manufacture of any product or substance. (Ord. No. 157, Sec. 11.12) "Carport" means a permanent, roofed structure, used for automobile shelter and automobile storage, in addition to the lockable storage hereinafter specified. Lockable, usable and accessible storage space of at least ninety (90) cubic feet shall be provided in all carports. (Ord. No. 304, Sec. 2) "Certificate of Appropriateness" means an approved certificate issued for the construction, demolition, alteration, removal, or relocation of any publicly or privately owned Designated Cultural Resource, or any structure, natural feature, or site within a Cultural Resource District. (Ord. No. 1001, Sec. 3, 6-20-88) REV. 7-00 LU -2-82 E _ TUSTIN CITY CODE ZONING 9297 "Combining District" means any district in which the general district regulations are combined with those special districts defined in Section 9213 for the purpose of adding additional special regulations. (Ord. No. 157, Sec. 11.13) "Committee" means the Cultural Resource Advisory Committee. (Ord. No. 1001, Sec. 3, 6-20-88) "Consumer" means every person who, for his or her use or consumption, purchases a beverage in a beverage container from a dealer. "Consumer" includes, but is not limited to, a lodging, eating, or drinking establishment, and soft drink vending machines. (Ord. No. 993, Sec. 1, 9-8-87) "Convenience Store" means any establishment under fifteen thousand (15,000) square feet in size where food, beverage, magazine and auto related items, or any combination thereat; are sold for off-site use and/or consumption. (Ord. No. 981, Sec. 11, 5-4-87) "Cultural Resource District" means any area containing improvements which have a special character, historical interest or aesthetic value or which represent one (1) or more architec- tural periods or styles typical to the history of the City, and which improvements constitute a distinct section of the City that has been designated a Cultural Resource District pursuant to Section 9252 of the Zoning Code. (Ord. No. 1001, Sec. 3, 6-20-88) "Day Care Homes --Children" means a family dwelling unit, non -institutional in character, properly licensed by the Orange County Welfare Department, which provides day care only, with or without compensation for. (1) Not more than five (5) children including the family day care mother's own children, when the age range is infancy through six (6) [years]; and, ' (2) Not more than sig (6) children when the age range is three (3) to sixteen (16), including the day care mother's own children. (Ord. No. 511) "Day Nursery" means a place, institutional in nature, where seven (7) or more children are left for daytime care. "Demolition" means to tear down or demolish. (Ord. No. 1001, Sec. 3, 6-20-88) "Designated Cultural Resource" means improvements, buildings, structure, signs, features, sites, places, areas or other objects of scientific, aesthetic, educational, cultural, architectural, or historical significance to the residents of the City that has been designated a Cultural Resource by the City Council. (Ord. No. 1001, Sec. 3, 6-20-88) "Designated Site (Cultural Resource Site)" means a parcel or part thereof on which a cultural resource is situated, and which has been designated, a cultural resource site by the City Council. (Ord. No. 1001, Sec. 3, 6-20-88) "District" means a portion of the City within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all a$ set forth and specified in this Chapter. (Ord. No. 157, Sec. 11.14) REV: 7-2001, Rev. LTA' -2-83 TUSTIN CITY CODE ZONING 9297 "Driveway" means a paved area of a lot located between the public right-of-way and the garage, carport, or required parking space designed and intended as an access way between a private or public road and the garage, carport, or required parking space. (Ord. No. 1240, Sec. 2,8-6-01) "Dwelling" means a building or portion thereof designed for residential occupancy. (Ord. No. 157, Sec. 11.15; Ord. No. 1225, Sec. IV, 1-17-00) "Dwelling, Single -Family" means a building designed for, or used to house not more than one (1) family, including all necessary employees of such family. (Ord. No. 157, Sec. 11. 16) "Dwelling, Two -Family or Duplex" means a building containing not more than two (2) kitchens, designed and/or used to house not more than two (2) families, living independently of each other, including all necessary employees of each such family. (Ord. No. 157, Seca 11.17) "Dwelling, Multiple" means a building, or portion thereof, used and designed as a residence N for three (3) or more families living independently of each other and doing their own cooking in said building, including apartment houses, apartment hotels and flats, but not. including motels, boardinghouses, and hotels. (Ord. No. 157, Sec. 11.18) "Dwelling Groups" means a group of two (2) or more detached one -family, two-family, or multiple dwellings occupying a parcel of land in one (1) ownership and having any yard or court in common, but not including automobile courts. (Ord. No. 175, Sec. 9) "Exterior Architectural Feature" means the architectural elements embodying style, design, general arrangement and components of all of the outer surfaces of an improvement, including, but not limited to, the kind, color and texture of the building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement. (Ord. No. 1001, Sec. 3, 6-20-88) "Family" means an individual or two (2) or more persons, living together as a single housekeeping unit in a dwelling unit. (Ord. No.157, Sec. 11.20; Ord. No.1225, Sec. IV,1-17-00) "Family Park" means any mobile home or travel trailer park, the spaces of which are rented or leased without restriction upon the ages of the children or occupants. (Ord. No. 329, Sec. 2) "Fence" means any structural device forming a physical barrier by means of hedge, wood, mesh, metal, chain, brick, stake, plastic or other similar materials. (Ord. No. 157, Sec. 11.21) "Figure Modeling Studio" shall mean any establishment in which, models pose while exposing specified anatomical areas. (Ord. No. 819, Sec. 1, 2-19-80) "Garage, Private" means a detached, accessory building, or a portion of a main building on the same lot as a dwelling, used primarily for the housing of vehicles of the occupant of the dwelling, having a roof, and enclosed on at least three (3) sides, with the fourth side being a lockable door, with not less than ten feet by twenty feet (10' x 20') clear and unobstructed inside dimensions, and which shall be permanently maintained as a parking accommodation. (Ord. No. 733, Sec. 7) RLW. 7-2001, Rev. LU -2-84 TUSTIN CITY CODE ZONING 9297 "Guesthouse" means detached living quarters of a permanent type of construction and without kitchens or cooking facilities and where no compensation in any form is received or paid. (Ord. No. 157, Sec. 11.23) "Height of Building" means the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof. (Ord. No. 157, Sec. 11.25) "Home Occupation" means an occupation carried on wholly within a dwelling by an occupant of the dwelling, as a secondary use, in connection with which there is No person employed who is not a resident of the premises, no exterior display, no stock -in -trade or commodity sold upon the p£emises, no mechanical or electrical equipment used except such an is customary for housekeeping purposes, no outside operations or storage; no alteration of the residential appearance of the health, safety or welfare of the general public, or which emits smoke, dust, fumes, odors, vibrations, glare or electrical disturbances onto any other premises, no activity which generates excessive pedestrian traffic or vehicular traffic or parking in excess of that otherwise normally found in the zone, no parking or use made of any vehicle over three-fourths ton carrying capacity, no parking in the front yard, driveway or immediately adjacent to the premises of any vehicle bearing any sign, identification or advertisement of the home occupation. (Ord. No. 330, Sec. 2B) ( "Hotel"—See Motel. (Ord. No. 157, Sec. 11.26) "Improvement" means any building, structure, parking facility, fence, gate, wall, landscap- ing requiring a building permit constituting a physical betterment of real property, or any part Of such betterment. (Ord. No. 1001, Sec. 3, 6-20-88) "Junk Yard" means more than one hundred (100) square feet of the area of any lot used for the storage of junk, including scrap metals, salvage or other scrap materials, or for the dismantling or "wrecking" of automobiles or other vehicles or machinery, whether for sale or storage. (Ord. No. 157, Sec. 11.27) "Kenner means any lot or premises on which more than three (3) dogs, cats or similar small animals, more than three (3) months of age are kept, boarded, or trained, whether in special buildings or not. (Ord. No. 352, Sec. 1) "Large Family Day Care Home" means a family dwelling unit, non -institutional in character, properly licensed by the County of Orange, which provides day care only, for a maximum of twelve (12) children ages eighteen (18) years or younger, including the licensee's own children under the age of twelve (12). (Ord. No. 911, Sec. 7, 5-21-84) "Lot"—See Building Site. (Ord. No. 157, Seca 11.28) "Lot Front" means the narrowest dimension of a lot fronting on a street. (Ord. No. 157, Sec. 11.29) "Lot Line" means a line separating the frontage from a street.; the side from a street or adjoining property; the rear from as alley or street, or adjoining property. (Ord. No. 157. See. . REV. 7-2001, Rev. LU -2-85 TUSTIN CITY CODE ZONING 9297 "Lot, Through" means a lot having frontage on two (2) parallel or approximately parallel streets. (Ord. No. 157, Sec. 11.32) "Lot Side" means any lot boundary not a front or rear lot line. (Ord. No. 157, Sec. 11.30) "Material" relative to adult businesses shall mean- and include, but not be limited to, accessories, books, magazines, photographs, prints, drawings, paintings, motion pictures, videotapes, and pamphlets, or any combination thereof. (Ord. No. 819, Sec. 1, 2-19-80) "Massage Parlor" shall mean any establishment required to be licensed pursuant to Section 3711 of the Tustin City Code. (Ord. No. 819, Sec. 1, 2-19-80) "Mobile Home" means a vehicle, other than a motor vehicle, designed for human habitation, for carrying persons and property on its own structure, for being drawn by a motor vehicle. (Ord, No. 329, Sec. 2) "Mobile Home Park" means any area or tract of land where one (1) or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation. The rental paid for any such mobile home shall be deemed to include rental for the lot it occupies. (Ord. No. 329, Sec. 2) "Mobile Recycling Unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials. A Mobile Recycling Center also means the bins, boxes or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials. (Ord. No. 993, Sec, 1, 9-8-87) "Motel" or "Hotel" means a single building or group of detached buildings, containing guest rooms or apartments, with automobile storage space provided on the site for such rooms or apartments provided in connection therewith, which group is designed and used primarily for the accommodation of transient automobile travelers. (Ord. No. 157, Sec. 11.4) "Nonconforming Use" means a use that does not conform to the regulations for the district in which it is situated. (Ord. No. 157, Sec. 11.33) "Nursery School" means a public or private agency, institutional in nature, engaged in educational activity with six (6) or more pre-school children. (Ord. No. 511) "Official Plan Line" means a line established to denote the ultimate right-of-way of a street. (Ord. No. 353, Sec. 5) "Parking Space" means accessible and usable space on a building site, at least nine feet by twenty feet (9' x 20') for open parking and ten feet by twenty feet (10' x 20') clear and unobstructed inside dimensions for covered parking, located off the street and for the parking of automobiles. Not less than two (2) parking spaces per dwelling unit shall be provided and permanently maintained as parking accommodation, one of which must be covered. Parking not otherwise required to be in a garage or carport must be located on a paved area on the same lot or parcel of land or contiguous thereto. ;Ord. No. 733, Sec. d) RFV: 7-2001, Rev. LU -2-86 (( TUSTIN CITY CODE ZONING 9297 l "Paved Area" means an area of any required yard which is constructed with Impervious materials which either results in an increase in the amount of storm water run-off into storm drainage facilities or hinders natural percolation of storm water on the subject property. (Ord. No. 1240, Sec. 2, 8-6-01) "Person" includes any individual, city, county, or city and county; partnerships, corporations, cooperatives, association, trust or any other legal entities, including the Federal Government. (Ord. No. 157, Sec. 11.36) "Portable Vending Device" means any stand, enclosure, booth, kiosk, instrument or mechanism intended to be temporarily used to display, distribute or sell food, beverage, product to the public. (Ord. No. 1123, Sec. 2, 6-6-94) "Processor" means any person, including a scrap dealer, certi$ed b theState by Department of Conservation who purchases empty aluminum beverage containers, nonaluminum metal beverage containers, glass beverage containers, plastic beverage containers, or any otherbeverage containers, including any one (1) or more of those beverage containers, which have a redemption value established pursuant to this division4 from recycling or, if the container is not recycling center in this state for recyclable, not for recycling, and who cancels, or who certifies to the department in a form prescribed by the Department of Conservation of the redemption value and redemption bonus of these empty beverage containers by processing, ( empty beverage containers, in any manner which the department may prescribe. However, the department shall not take any action regulating scrap dealers or f processors or recycling centers unless authorized by and pursuant to the recycling � who are goals of this division,: (Ord. No. 993, Sec. 1, 9-8-87) "Professional Office" means an office for the conduct of any of the following uses only: Accountant, architect, a cluro '! Y► proctor, optometrist, chiropodist, designer, draftsman, - engineer, surveyor, dentist, physician, and surgeon. (Ord No. 157, Sec. 11.36) "Pushcart" means any wagon, cart, or similar wheeled container, which is not a "vehiclis' as defined in the Vehicle Code of the State of California, from which food, beverage, or product is displayed, distributed or offered for sale• to the public. (Ord No. 1123, Sec. 2, 6.694} "Pushcart or Portable Vending Device Operator" means any person, firm, partnership, association, corporation, stockholder, including, but not limited to, owners, operators, lessors and lessees, who operate a pushcart or portable vending device for the purpose of vending food, beverage, or product therefrom. (Ord. No. 1123, Sec. 2, 6-6-94) "Pushcart or Portable Vending Device Owner" means any person as defined herein or controlling one (1) or more pushcarts and who: owning (1) Conducts or permits or causes the operation of such pushcart(s) or portable vending device(s) for vending food, beverage or product; (2) Owns, operates, controls, manages, or leases such pushcart(s) or portable vending device(s); or REV- 7-2003 LU -2-87 TUSTIN CITY CODE ZONING 9297 (3) Contracts with persons to vend food, beverage or product from such pushcart(s) or portable vending device(s). (Ord. No. 1123, Sec. 2, 6-6-94) "Recyclable Material" is reusable material, including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Section 25250.11 and 25143.2(bX4) of the California Health and Safety Code and Orange County Fire and Health Departments. (Ord. No. 993, Sec. 1, 9-8-87) "Recycle," "Recycled," "Recycling" or "Recyclable" means the reuse or refile of empty beverage containers or the process of sorting, cleansing, treating, and reconstituting empty postfil%d beverage containers for the purpose of using the altered form. "Recycle," "recycled," "recycHW, "recyclable," does not include merely sorting, shredding, stripping. compressing, storing, landfilling with, or disposing of an empty beverage container. (Ord. No. 993, Sec. 1, 9-8-87) Facility" is a center for the collection of recyclable 'materials.' A Certified Recycling Facility means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer: Recycling facilities includes the following: A "Collection Facility" is a center for the acceptance, by donation, redemption, or purchase, of recyclable materials from the public. Such a facility does not use power -driven proceowng equipment except as indicated in Section 4 Criteria and Standards. Collection Facilities ( may include the following: 1. Reverse Vending Machines which occupy an area of not more than fifty (50) square feet. 2. Bulk reverse vending machines occupying no more than five hundred (800) square feet. 3. Large collection facilities which occupy a permanent building or store front. (Ord: No. 993, Sec. 1, 9-8-87) "Redemption" and "Redeem" means the return to a recycling center of an empty beverage container for a refund of at least the redemption value and any applicable redemption bonus. "Rest Home" means any premises licensed under Section 2300 of the Welfare and Institutions Code of the State of California (Ord. No. 157, Sec. 11.37) "Rooming House --.see Boarding House. (Ord. No. 157, Sec. 11.38) "Sanitarium" means a health station or retreat or other place where patients are housed, and where treatment is given, but excluding mental institutions or institutions for treatment of persons addicted to the use of drugs. (Ord. No. 157, Sec. 11.39) REV: 7-2003 LU -2-88 LI TUSTIN CITY CODE ZONING 9297 "Second Residential Unit" means a building or portion thereof designed for residential occupancy on a lot developed with a legal conforming single-family dwelling. (Ord. No. 1271, Sec. VIII, 6-2-03) "Service Station" means an occupancy which provides for the servicing of motor vehicles and operations incidental thereto, limited to the retail sale of petroleum products and automotive accessories; automobile washing by hand; waxing and polishing of automobiles; tire changing and repairing (excluding recapping); battery service, charging and replacement, not including repair and rebuilding; radiator cleaning and flushing, excluding steam cleaning and repair; installation of accessories; also including the following operations if conducted. within a building; lubrication of motor vehicles; brake servicing limited to servicing and replacement of brake cylinders and brake shoes; wheel balancing; the testing, adjustment, and replacement REV 7-2003 LU -2-88.1 TUSTIN CITY CODEZONING 9297 of carburetors, coils, condensers, distributor caps, fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, water and fuel pumps, water hoses and wiring. (Ord. No. 157, Sec. 11.40) "Setback Lines" means a line established by this Chapter to govern the placement of buildings or structures with respect to lot lines, streets or alleys. (Ord. No. 157, Sec. 11.41) "Side and Front of Corner Lots" means the narrowest frontage of a corner lot facing the street is the front, and the longest frontage facing the intersecting street is the side, irrespective of the direction in which the dwelling faces. (Ord. No. 157, Sec. 11.42) "Signs" means any advertising display or stricture. ,(Ord. No. 157, Sec. 11.43) "Small Animal Hospital or Clinic" means a place where small animals, such as dogs, cats, birds, and the like; are given medical or surgical treatment. (Ord: No. 362, See. 2) "Special Event" means any commercial, civic, patriotic, religious, cultural community ty or political event taking place on a specific date or dates or other such occurrence as determined by the ]director of Community Development. (Ord. No. 1123, Sec: 2, 6-6-94) "Specialty Store" means a market or retail store other than convenience stores with fewer.. than 3,500 square feet in gross floor area with limited hours of operation, located in a retail center with more than three (3) retail tenants, that offers a combination of unique foods and beverages not commonly found in convenience or food markets or other retail stores for off-site use or consumption and where alcoholic beverage sales are incidental with no more than fifteen (15) square feet of the retail floor devoted to disp* of non -refrigerated alcoholic f, beverage sales for off-site consumption and no sales of refrigerated alcoholic beverages. (Ord. No. 1237, Sec. 2, 6-4-01) "Specified Anatomical Areas" shall meati: (1) Less than completely and opaquely covered: (a) Human genitals, pubic regions; (b) Buttock; and (c) Female breast below a point immediately above the top of the areola; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (Ord. No. 819, Sec. 1, 2-19-80) "Specified Sexual Activities" shall mean: (1) Human genitals in a state of sexual stimulation or arousal; and/or (2) Acts of human masturbation, sexual stimulation or arousal; and/or (3) Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. (Ord. No. 819, Sec. 1, 2-19-80) REV: 7-2001 LU -2-89 TUSTIN CITY CODE ZONING 9297 "Street" means a public thoroughfare accepted by the City of Tustin, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except an alley as defined herein. (Ord. No. 157, Sec. 11.44) "Street Line" means the boundary between a street right-of-way and property. (Ord. No. 157, Sec. 11.45) "Structure" means anything constructed or erected, the use of which requires location on or in the ground, or attachment to something having location on the ground, including swimming pools, excluding driveways, patios or parking spaces. (Ord. No. 157, Sec. 11.46) "Structural Alterations" means any change in the supporting members of a structure, such as bearing walls, columns, beams or girders. (Ord. No. 157, Sec. 11.47) "Supermarket" means a fall -line, self-service retail store with gross annual sales of two million dollars ($2,000,000.00) or more, and which sells a line of dry grocery, canned foods, or nonfood items and some perishable items. (Ord. No. 993, Sec. 1, 9-8-87) "Travel Trailer" means a vehicle, other than a motor vehicle, which is designed or used for human habitation, and for travel or recreational purposes, which does not at any time exceed eight (8) feet in width and forty (40) feet in length and which may be moved upon a public highway without a special permit or chauffeur's license, or both, without violating any provision of the Vehicle Code. .(Ord. No. 329, See. 2) "Travel Trailer Park" means any area or tract of land or a separate designated section . within a mobile home park where one (1) or more lots are rented or leased or held out for rent, or lease to owners or users of travel trailers or camp cars used for travel or recreational purposes. (Ord. No. 329, Sec. 2) "Unit" means any building designed or used for the shelter or housing of one (1) or more persons, and shall include apartments. (Ord. No. 790, Sec 4, 2-2049)' "Use" means the purpose for which land or a building is designed, arranged, or intended or for which either land or building is or may be occupied or maintained. (Ord. No. 157, Sec. 11.49) "Use, Accessory" means a use incidental or subordinate to, and devoted exclusively to the main use of a lot or a building located on the same lot. (Ord. No. 157, Sec. 11.50) "Vend or vending" means offering food, beverage, or product of any kind for outdoor sale on any publicly or privately owned sidewalk, drive aisle, street, alley, or unenclosed place open to the public, including the movement or standing of a pushcart or portable vending device for the purpose of searching for, obtaining or soliciting retail sales of products. (Ord. No. 1123, Sec. 2, 6-6-94) "Vending Machines": A "Reverse Vending Machine" is an automated mechanical device which accepts at least one (1) or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value REV 7-2001 LU -2-90 TUSTIlJ CITY CODE ZONING 9298 not less than the container's redemption value as determined by the State. A Reverse Vending Machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. (In order to accept and temporarily store all three (3) container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of Reverse Vending Machines may be necessary.) A "Bulk Reverse Vending Machine" is a Reverse Vending Machine that is larger than fifty (60) square feet; is designed to accept more than one (1) container at a time; and will pay by weight instead of by container (Ord. No. 993, Sea. 1, 9-8-87) "Yard" means an open space other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted in Section 9271. (Ord. No. 187, Sec. 11.61) "Yard, Front" means a yard extending across the full width of the lot, the depth of which * measured from the front line of the lot to the nearest line of the building; provided, however, that if any Official Plan Line has been established for the street upon which the lot lads, the front yard measurement shall be taken from such Official Plan Line to the nearest line of the building, (Ord No. 363, Sec. 2) "Yard, Rear" means a yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building. (Ord. No. 167, Sec. 11.63) "Yard, Side" means a yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard. (Ord. No. 363, Sec. 3) 9298 IMTMMETATION AND ENFORCEMENT l a Continuity of Law \' Except as: specifically provided herein, thio chapter shall not be interpreted to repeal, abrogate; annul or in any way affect, any existing pmwoviisdon of any law or ordinance or regulations or permits previously adopted or issued relating to the erection, construction, moving, alteration or enlargement of any building or improvement; provided however, in any instances where this chapter imposes greater restrictions upon the erection, construction, establishment, movin& alteration or improvement of buildings or the use of any building or structure that is imposed or required. by an existing law, ordinance or regulation, the provisions of this chapter shall control. (Ord. No. 167, Sec. 12.1.) b Criteria for Determination Whenever the Building Official, or Planning Commission of the City of Tustin is called upon to determine whether or not the use of land or any structure in any district is similar in character to the particular uses allowed in the district, the Commission shall consider the following factors as criteria for their determination. (1) Effect upon the public health, safety and general welfare of the neighborhood involved and the City at large REV 1-2= LU -2-91 Exhibit C Map showing all properties subject to TCC 9233c(y) N' I r 1 PMM DMW Z -D wrx?. MWIrcs ala 4itQin' . a)c N O -C c 0 C;) 0 m c E c TO 8c 4,)) 0 c (0 c En `-X03-mac cd 0 0 0 0a 0,5-0 0 co 0 c 0) ruff c 0 M 00 E 2) CL ,C) C c 0 N E c — " = 0 m a - 2 w u—) — o a. b b, A" I's 13w N' I r 1 PMM DMW Z -D wrx?. MWIrcs ala 4itQin' . a)c N O -C c 0 C;) 0 m c E c TO 8c 4,)) 0 c (0 c En `-X03-mac cd 0 0 0 0a 0,5-0 0 co 0 c 0) Co -0 c 0 M 00 E 2) CL ,C) C c 0 N E c — " = 0 m a - 2 w u—) — o a. b Exhibit D Letter from McCormick, Kidman & Behrens, dated January 4, 2008 VIA U.S. MAIL AND FACSIMILE: 714-573-3113 Honorable 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 (949) 454-2205 Re: Sayed Mirrafad, M.D. CUP 07-020 — January 8, 2008, Planning Commission Agenda Dear Chair, Commissioners, and Ms. Binsack: This letter follows up on our letter from the December, 2007 Planning Commission meeting which was continued to January 8, 2008. Our office represents Sayed Mirrafati, M.D., and his company, Mira Properties, LLC, which owns the property which is the subject of this CUP application. It is our understanding that staff continues to recommend denial of that application. The staff is recommending denial of that CUP. We have completed our review of most of the documents responsive to our Public Records Act request. We appreciate staff and legal counsel's efforts to provide those documents and their willingness to talk with us. Notwithstanding, the staff position is not supported by the evidence here. This building presents something of a special case. We understand why this staff does not want to approve this use for this location. However, the evidence does not support that staff position. Denial of this CUP will not achieve the result staff wishes: a building designed, built, and continuously used for office uses cannot somehow become a retail location simply because staff denies a CUP for a continuing office use. Under the applicable ordinances, based upon the evidence we are providing (part of which comes from our Public Records Act request to the City), the Planning MCCORMICK, KIDMAN & BEHRENS, LLP LAWYERS H. L. (MIKE) McCORMICK* 650 TOWN CENTER DRIVE ARTHUR G. KIOMAN* RUSSELL G. BEHRENS• SUITE 100 SUZANNE M. TAGUE't COSTA MESA, CALIFORNIA 92626 DAVID D. BOYER* TELEPHONES (714) 755-3100 DANIEL J. PAYNE• BRADLEY D. PIERCE* (600) 755-3125 ELIZABETH L. MARTYN• FAX (714) 755-3110 JOAN J. T HI BOYD L. HILL LL www.mkbiawyers.com EDDY R, BELTRAN MICHAEL D. CARTER HANNAH BENTLEY— TRAM T. TRAN JOHN P. GLOWACKI *A PROFESSIONAL CORPORATION tCERTIFIED SPECIALIST - PROBATE January 4, 2008 ESTATE PLANNING 6 TRUST LAW THE STATE BAR OF CALIFORNIA BOARD OF LEGAL SPECIALIZATION "OF COUNSEL VIA U.S. MAIL AND FACSIMILE: 714-573-3113 Honorable 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 (949) 454-2205 Re: Sayed Mirrafad, M.D. CUP 07-020 — January 8, 2008, Planning Commission Agenda Dear Chair, Commissioners, and Ms. Binsack: This letter follows up on our letter from the December, 2007 Planning Commission meeting which was continued to January 8, 2008. Our office represents Sayed Mirrafati, M.D., and his company, Mira Properties, LLC, which owns the property which is the subject of this CUP application. It is our understanding that staff continues to recommend denial of that application. The staff is recommending denial of that CUP. We have completed our review of most of the documents responsive to our Public Records Act request. We appreciate staff and legal counsel's efforts to provide those documents and their willingness to talk with us. Notwithstanding, the staff position is not supported by the evidence here. This building presents something of a special case. We understand why this staff does not want to approve this use for this location. However, the evidence does not support that staff position. Denial of this CUP will not achieve the result staff wishes: a building designed, built, and continuously used for office uses cannot somehow become a retail location simply because staff denies a CUP for a continuing office use. Under the applicable ordinances, based upon the evidence we are providing (part of which comes from our Public Records Act request to the City), the Planning McCoRMIcH, KIDMAN & BEHRENS, LLP LAWYERS Planning Commission Elizabeth A. Binsack Re: Sayed Mirrafati, M.D. January 4, 2008 Page 2 Commission is compelled to approve this CUP. If the City or Redevelopment Agency then wishes to work with the property owner to change the look or use of that building, they certainly are free to do so through negotiation. Therefore, we ask that the Commission set aside the staff recommendation and approve this CUP. Thank you for your consideration. FACTUAL BACKGROUND: As acknowledged by the staff report, this building was built in 1972 for office use (specifically including law and/or medical offices). The property was oriented away from El Camino Real, fronting on a parking area, specifically because of those office uses. To the best of our knowledge, and that of staff (based upon the materials contained in Ms. Kapadia's file on this application/location reviewed under our Public Records Act request), the property consistently has been used for professional office uses, specifically including an osteopath and chiropractor's office and an engineering office. (There is a 1989 application for construction of an office building which confirms a chiropractic use at that time.) It is very important to understand how this property is oriental on the property. As can be seen from the pictures submitted to the Planning Commission, the front door of the property is located facing away from El Camino Real. Several windows face the same direction as the front door, and some face the comer of El Camino Real and El Camino Way. There are a few windows to the rear of the property which face El Camino Real directly. Therefore, while the property is very visible from El Camino Real (staff has characterized it as a "gateway to the City"), it physically does not front on El Camino Real. The property consistently has been identified in various City redevelopment efforts. For example, in 1995, the property was included within an RFP for redevelopment of the entire area. (See the February 6, 1995 Authorization to Issue Request for Qualifications/Proposals.) That project was not pursued. However, Makena Plaza most recently expanded to include 770 El Camino Real through acquisition of a CalTrans parcel and a lot line adjustment with the adjacent motel. (See October 18, 2004, Action Agenda of the Community Redevelopment Agency.) Notwithstanding the proximity of Makena Plaza, however, the area is not exclusively retail. Other dental and chiropractic offices are located within the area, along with retail. In fact, the C-2 zone allows all C-1 "retail commercial" uses, which specifically include a long list of professional offices, including dental offices. MCCORMIcx, KIDMAN & BEHRENS, LLP LAWYERS Planning Commission Elizabeth A. Binsack Re: Sayed Mirrafati, M.D. January 4, 2008 Page 3 Similarly, the property has had a variety of addresses, some on El Camino Real, but most recently on El Camino Way. Within the past two years, the City asked Dr. Mirrafati to change the address on the property from 730 El Camino Way to 740 El Camino Real. Notwithstanding, according to title reports and U.S. Postal Service records, the property address is not 740 El Camino Real. The point of this confusion is that the orientation of the building is a significant factor here, as compared to a building located on a corner or similar location. Dr. Mirrafati is a surgeon who purchased this property in August 2004 from the engineering firm which had been using it for offices; he initially intended to use it for his offices. Before he purchased the property, Dr. Mirrafati confirmed with Planning Staff (specifically, `Brad") that the property could be used for physicians' offices. He purchased the property with the intent of moving his own offices there after the engineering firm moved out. (See August 2, 2004 letter from Justina Willcom to Dr. Mirrafati which confirms existing office use on the property). He had proposed to build a new office building on the property. However, staff advised him of the then -current retail use requirements. Over the course of at least the next year, Dr. Mirrafati proceeded to try to work with City staff to allow such office use. The only reason there may not have been continuous office use of the property is because of these on- going discussions. At the same time, staff requested that Dr. Mirrafati change the address of the building to one on El Camino Real. By 2006, Dr. Mirrafati had determined that he would sell the property. However, when prospective purchasers approached the City, they were told that they had to have 50% retail and the building is not designed for retail uses. When he was approached by those who wished to locate retail uses, it became clear that extensive renovations to the property (if even structurally feasible) would be required, which would make it infeasible as a retail location. For example, in order to use this for retail, there would need to be some sort of reorientation of the building toward El Camino Real, as well as the addition of windows. Dr. Mirrafati will testify that Diedrich Coffee explored purchase of the building but determined that the cost of retrofitting would exceed its value. Our real estate expert will indicate that the cost of this type of change would be at least $500,000, or over half the current selling price of the building. (See the December 20, 2007 letter from J.R. Shah with Century 21 Realty.) In addition, the architect, Rich Crane, will indicate that there are structural issues with turning an older office building oriented away from the street into another type of use and, specifically, a retail use. Staff has indicated that although a retail use may not be possible, there remains a range of permitted uses for the building. Although theoretically this would appear to be true, in practice it is not. C-1 uses are permitted, in the C-2 zone; although those include offices, apparently staff MCCORMICK, KIDMAN & BEHRENS, LLP LAWYERS Planning Commission Elizabeth A. Binsack Re: Sayed Mirrafati, M.D. January 4, 2008 Page 4 interprets the zoning code to require that such offices only exist with retail included. In addition, the uses specifically allowed in the C-2 zone are bakeries, bowling alleys, food shops, mortuaries, nurseries, utility buildings, radio stores, restaurants, shoe shops, and studios; and professional and general offices not fronting onto El Camino Real. Other uses are allowed with a CUP (without the findings required here), including "other uses which in the opinion of the Planning Commission are of a similar nature." A common sense review of these uses compared to the building shows that there really is no other possible use an office uses (or similar configuration). One wonders if the City really would rather have an adult bookstore, figure model studio, nursery school, or pet store than a dentist office. The office use restrictions/retail requirements for the C-2 zone (specifically for those properties "fronting on El Camino Real") have been in place since 1983. (See Planning Commission Staff Report for Proposed Code Amendment 06-004, dated August 14, 2006, and provided by staff to supplement the materials regarding this application.) They have been amended and reviewed a number of times, suggesting that they are somewhat controversial. As we have learned, in 2006, at the request of the Planning Commission, the requirements were amended to provide for the accommodation of pre-existing office and professional uses. This amendment was the basis for the Tutor Whiz CUP and also is the basis for the Planning Commission's approval of this application. The specific purpose of this amendment to the zoning code, which became effective October 18, 2006, was to provide for a situation such as this one where there is no another feasible use for property. In the fall of 2006, staff recommended, and the Planning Commission approved, a CUP for the property for Tutor Whiz. Although considered a "school" (allowed with a CUP in the C-2 zone), apparently Tutor Whiz also is considered an office use since its approval was contingent on the approval of Code Amendment 06-004. Tutor Whiz is not a retail operation. This CUP remains in effect, but apparently staff does not consider the use to be "long-term." (In fact, the Tutor Whiz CUP contains a provision for annual review). Therefore, a determination already has been made by staff that Code Amendment 06-004 is relevant to this property. (See the October 9, 2006 materials regarding CUP 06-014, the Tutor Whiz CUP, provided to the Planning Commission by staff for the December 11, 2007 meeting). 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. MCCORMICK, K.IDMAN & BEHREN3. LLP LAWYERS Planning Commission Elizabeth A. Binsack Re: Sayed Mirrafati, M.D. January 4, 2008 Page 5 In reviewing Ms. Kapadia's file for this application (obtained through our Public Records Act request), we reviewed the forms circulated by staff to other City Departments to obtain input in pending planning items. Copies of those forms are attached. As can be seen by reviewing the comments, there was no opposition to the application, although certain standard conditions are provided. Specifically, the Redevelopment Agency comment does not contain any of the statements made by staff in the staff report, but says only: "The building is very nondescript. We would like to see exterior enhancements to the building as a condition of approval." This Property Does Not Front on El Camino Real: No CUP May be Required 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 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 ..." (emphasis added). 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 may be on El Camino Real at the request of City planning staff, 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. It appears that the building was oriented away from El Camino Real intentionally because of its intended office use to avoid traffic noise and disturbance into the office. The City is aware that the property is not on El Camino Real, since staff 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 on El 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. MCCORMICK, KIDMAN & BEHRENS, LLP LAWYERS Planning Commission Elizabeth A. Binsack Re: Sayed Mirrafati, M.D. January 4, 2008 Page 6 The Report assumes, without discussing, that the subject property fronts onto El Camino Real. This situation is not similar to that of a building on a corner, where there may be a plainly visible entrance to one side on another street. In this case, the entire orientation and construction of the building is away from El Camino Real. 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 as of right. 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 City's stated requirements for issuing a CUP have been met. With all due respect to staff, the statements made in the December 11, 2007 staff report regarding these requirements simply are wrong and are not supported by the evidence, as explained in detail below. As to subsection (y)(1), as explained above, 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 can be seen from an examination of the staff report and related materials approving the Tutor Whiz CUP. In many ways, the dental office use is more compatible with surrounding businesses. In determining if this use would be more "beneficial," staff must be objective, rather than subjective, in applying the policies of the General Plan and Project Area Plan, or this subsection simply becomes a reason to deny reasonable uses. Denying a use cannot turn an office building into a business which generates sales tax unless staff hopes that by doing so Dr. Mirrafati will sell the building at a loss for a retail use. Turning older uses into retail uses is the job of the Redevelopment Agency, not planning staff. 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 Droposed use is to be located in an existing building ori¢mally desi �ned built and occupied as offices or converted to office use pursuant to an approved buildin ermit " The staff report acknowledges that this is the case, but tries to argue that because Dr. Mirrafati was working with the City for over a year to try to approve a continuing use, the office use lapsed. 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 contingent upon the finality of MCCORMICK, KIDMAN 8e BEHRENS, LLP LAWYERS Planning Commission Elizabeth A. Binsack Re: Sayed Mirrafati, M.D. January 4, 2008 Page 7 Code Amendment 06-004 allowing certain office uses. The current use and past uses are 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." As explained above and supported by the testimony and evidence, the existing building would require significant reconstruction to accommodate any retail use. Such changes are structurally and economically impossible, impractical, and infeasible. 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 is a planning statement, not a real world statement, and is contrary to fact. At the simplest level, the statement is unsupported by looking at 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. 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 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 multiple dental WCORMICS, KIDNAN & BEHRENS, LLP LAWYERS Planning Commission Elizabeth A. Binsack Re: Sayed Mirrafati, M.D. January 4, 2008 Page 8 practices 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 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 com lement 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 at a tutoring facility. Dr. Mehta's letter of December 5, 2007 states he has observed his patients visiting businesses surrounding his other dental offices. As noted above, there are already professional offices mixed in among the surrounding retail uses, specifically including a dental practice. 3. Staff Aiipears 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 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 IMCCORMICK, KIDMAN & BEHRENS, LLP LAWYERS Planning Commission Elizabeth A. Binsack Re: Sayed Mirrafati, M.D. January 4, 2008 Page 9 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�-law co ZAUsers Data\ggoodreau\mirmfati\ltrsUanuary 8 PC letter.doc Exhibit E Planning Commission Agenda Report of August 14, 2006 Planning Commission Minutes for August 14, 2006 City Council Minutes of September 5, 2006 CONTINUED ITEM CUP 07-020 THE ATTACHED DOCUMENTS PERTAIN TO PLANNING COMMISSION AGENDA REPORT ITEM NO. 5 PREPARED FOR THE DECEMBER 11, 2007 MEETING AUGUST 14, 2006 PLANNING COMMISSION AGENDA REPORT SUBJECT: CODE AMENDMENT 06-004 (OFFICE USE PROVISIONS IN OLD TOWN) ITEM #6 Inter -Com DATE: AUGUST 14, 2006 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 06-004 (OFFICE USE PROVISIONS IN OLD TOWN) RECOMMENDATION That the Planning Commission adopt Resolution No. 4032 recommending that the City Council approve Code Amendment No. 06-004 related to the office use provision within the Central Commercial (C-2) District. BACKGROUND AND DISCUSSION The office use provision within C-2 Districts 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. On July 2, 2001, the City Council adopted Interim Ordinance No. 1241 amending Sections 9233(a)(1)(g), 9233c(ff), and 9233(e) of the Tustin City Code clarifying the intent of the office use criteria. On August 13, 2001, the City Council adopted Interim Ordinance No. 1242 extending Interim Ordinance No. 1241 for 10 months and 15 days or until June 28, 2002. On May 6, 2002, the City Council adopted Ordinance No. 1251 replacing the interim ordinance with a permanent ordinance. On June 14, 2004, and June 26, 2006, the Planning Commission conducted workshops, discussed issues related to implementation of the Office Use provision, and provided staff with direction on possible amendments to the office use provisions. Based upon input from the Planning Commission, Chamber of Commerce, and Tustin Old Town Association, the following proposed amendments to the Tustin Municipal Code are summarized as follows: Permitted Office Uses Professional and general offices that are not fronting onto Main Street or EI Camino Real or located outside the Old Town Commercial General Plan land use designation would be outright permitted. Conditionally Permitted Office Uses Professional and general offices that are fronting onto Main Street or EI Camino Real would be conditionally permitted provided that: Planning Commission Report CA 06-004 Page 2 of 3 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 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. 2. Approval of professional and general office uses shall meet one or more of the following criterion: o 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. o 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. o 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. o The proposed use Is to be located in a multi -tenant retail center and is ancillary but complimentary to the remaining mixed uses with respect to type of use, hours of operation, convenience, and parking demand. o The proposed use is determined to be beneficial, complementary, and compatible with surrounding neighborhood and nearby retail establishments. Incompatible Uses Upon studying the Office Use provision of the C-2 District, the Planning Commission identified uses contained in the C-1 and C-2 District regulations that are not compatible with the intended retail environment. The following uses would be removed from the district regulations: • Business School • Interior Decorator • Job Printing • Telephone Answering Service • Typing and Addressing Service Planning Commission Report CA 06-004 Page 3 of 3 Approvina Authority Section 9299.b(3)(k) of the Tustin City Code would be added to authorize the Zoning Administrator to approve, conditionally approve, or deny a Conditional Use Permit application for professional and general office uses fronting onto Main Street and EI Camino Real. In addition, Section 9232a and Section 9233a of the Tustin City Code would be amended to authorize the Community Development Director and/or the Planning Commission to determine if certain unlisted uses are considered to be similar to those listed uses and would be allowed in the commercial districts. ENVIRONMENTAL ANALYSIS The proposed amendment is not subject to the California Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3 of the California Code of Regulations, Sections 15060(c)(2) (the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. OTHER AGENCIES The Tustin Community Redevelopment Agency has reviewed and supports Code Amendment 06-004. In addition, Code Amendment 06-004 is consistent with the Tustin Old Town Association objective to stimulate the Old Town commercial district. Staff recommends that the Planning Commission adopt Resolution No. 4032 recommending that the City Council approve Code Amendment 06-004. �Lkiwa:� JuitiWi Willkom Senior Planner Attachment: Resolution No. 4032 SVJMPCMMRrQQ0 -2 ark. CdWa e x 01 )J." Elizabeth A. Binsack Community Development Director ATTACHMENT Resolution No. 4432 RESOLUTION NO. 4032 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CODE AMENDMENT 06-004 AMENDING THE TUSTIN CITY CODE RELATING TO OFFICE USE PROVISIONS WITHIN COMMERCIAL DISTRICTS. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That the intent of the office use provisions within Commercial districts was to encourage retail establishment on the ground floor, particularly in Old Town Tustin. B. That the current office use provisions within the Central Commercial (C-2) District restrict offices uses within any C-2 districts, including those that are located outside Old Town Tustin. C. That proposed Code Amendment 06-004 would restrict and regulate the installation and establishment of office uses only to those parcels fronting onto Main Street and EI Camino Real (major intersection for Old Town Tustin) and provide criteria for approving offices uses when fronting onto Main Street and EI Camino Real. D. That on August 14, 2006, a public hearing was duly noficed, called, and held on Code Amendment 06-004 by the Planning Commission. E. That the proposed amendments are exempt from the provisions of the California Environmental Quality Act (CEQA), as found In California Code of Regulations Sections 15060(c)(2) and 15060(c)(3). F. That the proposed code amendments are reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Tustin. G. That the proposed amendments are consistent with the Tustin General Plan in that they comply with the following goals and policies: Exhibit A Resolution No. 4032 CA 06-004 Page 2 Land Use Element Goal 2: Ensure that future land use decisions are the result of sound and comprehensive planning. Land Use Element 1.2: Provide for and encourage the development of neighborhoods serving commercial uses in areas of Tustin presently underserved by such uses. Encourage the integration or retail service commercial uses on the street level of office projects. II. The Planning Commission hereby recommends that the City Council approve Code Amendment 06-004 by amending the Tustin City Code as follows: Section 9232.a is hereby amended as follows: a Permitted Uses The following uses, or unlisted uses which, in the opinion of the Community Development Director and/or Planning Commission, are resolved to be similar, will only be allowed in those Retail Commercial District buildings specifically approved for occupancy by the respective land use category. Sections 9232.a.2(o, (k),(I), (s), and (u) are hereby deleted as follows: 9232.a.2(f) 8usiRessr-ssbeets 9232.a.2(k) 44900r d�eserate� 9232.a.2(I) i9b PFIAVA9 9232.a.2(s) 9232.a.2(u) Section 9233.a is hereby amended as follows: a. Permitted Uses The following uses, or unlisted uses which, in the opinion of the Community Development Director and/or Planning Commission, are resolved to be similar, will only be allowed in the Central Commercial District. Exhibit A Resolution No. 4032 CA 06-004 Page 3 Section 9233.a(g) is hereby amended as follows: (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. Section 9233.c(y) is hereby amended as follows: (y) Professional and general offices fronting onto Main Street or EI Camino Real and located within the Old Town Commercial General Plan land use desianation subiect to the use criteria for office development provided herein aFea of a building, Will 9#+G 6169= _F general 11) WheFG—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 aoprovina authority finds based on sup orting 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 subiect provertv 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 Communitv Redevelopment Agency Project Area Redevelopment Plan than a retail commercial use on the subiect props (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 onainally designed built and occupied as offices or converted to office use pursuant to an approved building ermit. b. The proposed use is to be located in an existingbul_Iding that because of its design and orientation is impractical to modifv or alter to accommodate retail establishments Exhibit A Resolution No. 4032 CA 06-004 Page 4 c. The proposed use is to be located in an existing building regwrino significant reconstruction that is not economically feasible or practical to accommodate 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 tvoe of use hours of operation, convenience and parking demand e. The proposed use is determined to be beneficial complementary, and compatible with surrounding neighborhood and nearby retail establishments Section 9233.e Is hereby deleted as follows: i F i Section 9299.b(3)(k) is hereby added as follows: _ = _ - .4 T•T. KIM M 1 - . - Section 9299.b(3)(k) is hereby added as follows: Exhibit A Resolution No. 4032 CA 06-004 Page 5 (k) Professional and general offices fronting onto Main Street and EI Camino Real and located within the Old Town Commercial General land use designation. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 14th day of August, 2006. Chairperson ELIZABETH 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. 4032 was duly passed and adogted at a regular meeting of the Tustin Planning Commission, held on the 14 day of August, 2006. ELIZABETH BINSACK Planning Commission Secretary EXCERPTS FROM THE AUGUST 14, 2006 PLANNING COMMISSION MEETING Ortlieb Floyd 7:15 p.m. Continued to next meeting, August 28, 2006 Adopted Resolution No. 4032 that would a tenant two spaces to the right of the tower. if the applicant was in attendance and wished to speak; no -ne to the lectem. The F14blic Hearing closed. It was Mved by Nielsen, seconded by Puckett, to adopt Resolution No. 4032, staffs language regarding the maintenance of signs added. Mo 'on carried 5-0. 5. DESIGNEVIEW 06-004 FOR AUTHORIZATION TO BUILD A ON ORY COMMERCIAL RETAIL BUILDING 2,808 SQUARE ET IN AREA APPROXIMATELY FOUR (4) FEET FROM THE EXISTING NEWPORT AVENUE RIGHT-OF- WAY. THIS OJECT IS LOCATED AT 14111 NEWPORT AVENUE IN T E PLANNED COMMUNITY COMMERCIAL ZONING DISTRI T. RECOMMENDATI That the Planning C) denying the request to four (4) feet to the pror That the Planning Corr directing the applicant to meet the required develo ssion adopt Resolution No. 4033 >truct the proposed retail building at line along Newport Avenue. m adopt Resolution No. 4034 with staff redesigning the site to t standards. The Director suggested the hea g be opened to receive testimony from anyone who might be nable to return to the next meeting. No one came forward. The h arinq closed. It was moved by Puckett, seconded by Nielsen, to continue the item to the next Planning Commission meeting, August 28, 2006. Motion carried 5-0. 6. CODE AMENDMENT 06-004 RESTRICTING AND REGULATING THE INSTALLATION AND ESTABLISHMENT OF OFFICE USES ONLY TO THOSE PARCELS FRONTING ONTO MAIN STREET AND EL CAMINO REAL AND PROVIDING CRITERIA FOR APPROVING OFFICE USES WHEN FRONTING ONTO MAIN STREET AND EL CAMINO REAL. THIS AMENDMENT RELATES TO OLD TOWN TUSTIN IN THE CENTRAL COMMERCIAL (C-2) DISTRICT. Minutes — Planning Commission August 14, 2WO — Page 3 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4032 recommending that the City Council approve Code Amendment 06-004. 7:18 p.m. The Public Hearing opened. Willkom Presented the staff report. Nielsen Asked what percentage of office uses might be grandfathered in with this amendment. Willkom Indicated she did not have a number but would guess about 10 percent. Floyd Asked if present leases would be honored. Willkom Stated that if an applicant were to propose a change, staff would not support office uses on the ground floor. Floyd Asked if there were no changes, tenants would be allowed to stay. Willkom Answered in the affirmative. Floyd Asked for a definition for what "Typing and Addressing Services" would be. Director Suggested that might refer to businesses that prepare resumes; staff felt the reference was too narrow and should be removed. Nielsen Asked if the C-2 designation focuses on EI Camino Real and Main Street. Willkom Answered in the affirmative. Kozak Asked why "Interior Decorator" would be removed. Willkom Responded that an interior decorator would be considered an office use. Director Added that; for example, if a contractor wanted to locate in Old Town, staff would consider that to be an office rather than a retail use; if the Commission does not concur with staffs recommendation, those definitions can remain in juxtaposition with an interior decorator. Minutes — Planning Conmmissbn August 14, 2006 — Page 4 Nielsen Stated it would be best to encourage more retail in the Old Town area. Floyd Suggested it would be best to concur with staffs recommendation. Kozak Noted that he was trying to understand, suggesting that an interior decorator could be providing services for an antique store, drapery business, etc. Director Indicated that such an ancillary office use in conjunction with retail activity would be acceptable. Puckett Questioned whether or not this amendment has the support of the Old Town Merchants Association. Willkom Indicated that the Tustin Old Town Association (IOTA) received a notice, and there were members in the audience who might wish to speak. Linda Jennings, Stated that an interior decorator would be different from a 350 South B St. decorating store; and, asked what will happen to the various retail businesses in Jamestown Village and the property owned by the Kellys. Willkom Answered that, while the business storefronts in Jamestown Village are not facing EI Camino Real, their addresses are on EI Camino Real; therefore, those businesses would be subject to the Code Amendment. Jennings Welcomed Commissioner Kozak back to the Commission; suggested that the 10 percent office use number is very low, naming various uses; and, stated she (and the Tustin Preservation Conservancy) are pleased to see this amendment come about and encouraged staff to approve as much retail in Old Town as possible in order to keep the economic viability of the commercial district of Old Town. Nathan Menard, Offered his congratulations to Commissioner Kozak; and, stated 345 West 6t' St. that while the proposed Code Amendment may be a good start, asked if there might be some way to place term limits on the office uses currently in Old Town in order to reach the stated goal of a revitalized Old Town. 7:40 p.m. The Public Hearing closed. Minutes — Planning Commission August 14, 2006 — Page 5 Nielsen Agreed that this amendment is a step in the right direction and long past due; this is a good starting place; perhaps staff could research the possibility of establishing expiration dates for Old Town offices now in existence. Lee Stated he is in favor of the amendment and hopes the area can be rejuvenated, perhaps with a grocery store or other anchor tenant. Kozak Noted that he agreed with Commissioner Nielsen's suggestion that long-term office uses be investigated by staff to determine if options may be available to expedite the conversion of existing offices to retail uses. Puckett Stated he sees the amendment as a win-win situation. Floyd Thanked the representatives from Old Town; this should have been done years ago; staff should pursue options for retails uses; it may be a five- to ten-year plan. It was moved by Nielsen, seconded by Puckett, to adopt Resolution No. 4032. Motion carried 5-0. 7. TUSTIN LEGACY UPDATE This is mprehensive table tracking all residential projects within Tu 'n Legacy. The table reflects the number of permitted u its (including affordable housing), building permits issu and units under construction, completed, and/or occupied. Director Noted how the numbers a calculated; and, indicated the report will be provided to the Com 'ssion monthly or every other month, depending on the number of pe its issued. STAFF CONCERNS 8. REPORT OF ACTIONS TAKENA�j THE AUGUST 7, 2006, CITY COUNCIL MEETING. Director reported The City Council: • held the first reading of Ordinance No. 1314 rel 'ng to Lot Line Adjustment Regulations; and, • approved Final Tract Map 17026 (Sector A); Sector $ maps should be submitted soon. \ Minutes — Planning Commission August 14, 2006 — Page 6 EXCERPTS FROM THE SEPTEMBER 5, 2006 CITY COUNCIL MEETING for the final grant amounts to be determined. We a proposing that this year's entire allocation be used to create a new position of CrirrN Analyst and equip this position with related hardware and software. This bill requi s both a public hearing and a special fund established for these monies. Staff repo4resentation by Police Chief Scott Jordan. The public he�ring opened at 7:21 p.m. There were no public speakers and the hearing closed t 7:22 p.m. Motion: It was m ved by Councilmember Amante, seconded by Mayor Pro Tem Hagen, to authc ri a usage of the funds as recommended by the Police Department. Motion rried 5-0. 2. URBAN AREA SECURIINy INITIATIVE (UASI) GRANT The City of Tustin, acting t ough the City of Santa Ana Police Department in its capacity as the Core City fo the Santa Ana Urban Area under the FY -05 Urban Areas Security Initiative, hak applied for, received and accepted a federal homeland security grant. The ant is entitled the "FY05 Urban Areas Security Initiative." The grant is from the F deral Department of Homeland Security, Office of Domestic Preparedness, throu the State of California Office of Homeland Security, and is intended to enhance tate emergency preparedness. The terms of the grant require that the ity of Tustin use certain grant funds for the hardening of specific identifiable targets ithin the City of Tustin. The Tustin Police Department has identified the City Hall/P ice Department parking structure as an area of security concern and recommen the installation of both vehicle and pedestrian access -controlled gates to contr the public access to areas housing critical equipment and resources, as well s provide a safe and controlled employee parking area. Staff report presentation by Police Chief Scott J The public hearing opened at 7:24 p.m. There hearing closed at 7:25 p.m. Motion: It was moved by Councilmember Bone, Amante, to authorize usage of the funds as re Department. Motion carried 5-0. no public speakers and the 3. CODE AMENDMENT 06-004: OFFICE USE PROVISION ded by Councilmember mended by the Police Code Amendment 06-004 would restrict and regulate the installation and establishment of office uses only to those parcels fronting onto Main Street and EI City Council Meeting Minutes September 5, 2006 Page 3 of 14 Camino Real and provide criteria for approving office uses when fronting onto Main Street and El Camino Real. On August 14, 2006, the Planning Commission considered Code Amendment 06-004 and adopted Resolution No. 4032 recommending that the City Council approve Code Amendment 06-004. Applicant: City of Tustin Community Development Department Staff report presentation by Community Development Director Elizabeth Binsack: Background • Office Use provision was adopted in 1983. The intent and purpose of the office use provision was to encourage retail establishment on ground floor particularly in Old Town. • Code Amendment 02-002 adopted in May 2002 clarified the process and criteria for considering office uses within C-2 zone. • On June 14, 2004, and June 26, 2006 the Planning Commission conducted workshops, discussed issues related to implementation of the Office Use provision, and provided staff with directions on possible amendments to the office use provisions. Current Code Requirements • 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. • An office use may also be permitted anywhere in a building where a Conditional Use Permit was granted. • 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. • These provisions apply to construction of new office buildings and new office occupancies in existing buildings. Issues with Current Ordinance • Location of Office Uses • While most of the C-2 zoning districts are concentrated in the Old Town Tustin area, there are a number of properties zoned C-2 located outside of Old Town Tustin. • These areas are freestanding developments that are not particularly conducive to pedestrian activity. • The majority of inquiries to establish offices on ground floors have been in areas outside of Old Town Tustin. • There are a number of properties located in Old Town but do not contribute to pedestrian activities. These properties do not front onto Main Street or EI Camino Real. Configuration of Existing Office Buildings City Council Meeting September 5, 2006 Minutes Page 4 of 14 Some buildings built as office buildings are not configured to accommodate retailing activity (without traditional retail storefronts). While some of these buildings may be easily converted to retail space, some would require more significant modifications. Quasi -Office and Incompatible Uses • Quasi -office uses are classified as either "retail businesses" or "service businesses" and are outright permitted. • Types of retail businesses that are outright permitted include a variety of retail shops as well as real estate offices. • Examples of service businesses that are permitted include barber shops, beauty parlors, interior decorators, restaurants, photograph galleries, travel agencies, telephone answering services, etc. There has been some confusion about why certain uses that appear to be office uses are permitted. In addition, upon studying the office use provision, the Planning Commission identified uses contained in the C-1 and C-2 District regulations that are not compatible with the intended retail environment Proposed Amendment Permitted Office Uses • Professional and general offices that are not fronting onto Main Street or EI Camino Real or located outside the Old Town Commercial General Plan land use designation would be outright permitted. Conditionally Permitted Office Uses • Professional and general offices that are fronting onto Main Street or El Camino Real would be conditionally permitted provided that: • 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 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. Approval of professional and general office uses shall meet one or more of the following criterion: • 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. • 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 proposed use is to be located in an existing building requiring significant reconstruction that is not economically feasible or practical to accommodate retail establishments. City Council Meeting Minutes September 5, 2006 Page 5 of 14 The proposed use is to be located in a multi -tenant retail center and is ancillary but complimentary to the remaining mixed uses with respect to type of use, hours of operation, convenience, and parking demand. The proposed use is determined to be beneficial, complementary, and ~� compatible with surrounding neighborhood and nearby retail establishments. Proposed Amendment The following uses are proposed to be removed from the district regulations: • Business School • Interior Decorator • Job Printing • Telephone Answering Service • Typing and Addressing Service Proposed Amendment Approving Authority • Section 9299.b(3)(k) of the Tustin City Code would be added to authorize the Zoning Administrator to approve, conditionally approve, or deny a Conditional Use Permit application for professional and general office uses fronting onto Main Street and EI Camino Real. • In addition, Section 9232a and Section 9233a of the Tustin City Code would be amended to authorize the Community Development Director and/or the Planning Commission to determine if certain unlisted uses are considered to be similar to those listed uses and would be allowed in the commercial districts. Recommendation • Staff recommends that the City Council conduct a public hearing; introduce and have the first reading of Ordinance No. 1317 approving Code Amendment 06- 004; and, set for second reading at the Council's next scheduled meeting. The public hearing opened at 7:31 p.m. There were no public speakers and the hearing closed at 7:32 p.m. Motion: It was moved by Mayor Pro Tem Hagen, seconded by Councilmember Kawasima, to introduce and have first reading by title only of the following ordinance: ORDINANCE NO. 1317 - An ordinance of the City Council of the City of Tustin, California, approving Code Amendment 06-004 amending the Tustin City Code relating to Office Use Provisions within Commercial Districts Motion carried 5-0. 4. APPEAL OF PLANNING COMM SION DENIAL OF MINOR ADJUSTMENT 06- 001 (2650 DAVIS DRIVE, PRESIDI TRACT) On July 10, 2006, the Planning co'rh ission adopted Resolution No. 4029, denying Minor Adjustment 06-001 to auth rize the height extension up to twenty ,,ny uouncu meeting Minutes September 5, 2006 Page 6 of 14 Exhibit F Letter from Dr. Mehta dated January 17, 2008 a r vv VZ); I OP Thursday, RtMwry 17. 2008 ":5b !'("4 Ulamond Dental Care City of Tustin, Planning Department, Tustin, CA 92780 9098602200 13771 NewportAve #11 Tustin, CA92780 714838-3230 Re: CUP application for 740 El Camino Real, Tustin{07-020) Dear Planning Commission, Refna, and Planning Department Staff 1 am wrlting this letter to address some concerns expressed by the Planning commission It seems to me that Punning commission is concerned about general condition and appearance of the subject prop". When I submitted my Inftiai application, I was not asked or required to submit any puns to Improve extedor of the property by staff. If no CUP Is regrddred, I will Include these improvements in my site pians. These plans will certainly include enhancement for the a tenor, landscaping, parking area and to bring current restroom to code. These pians can be reviewed arm approved by the Staff. Like any good owner t want my building to look it's best ; I want to thank Staff and entire Plannlog commission for their Ume and help on this application. Sincerely, Ashok WON Unfiled Notes Page I P.2 Exhibit G 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 Policy 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 the 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 at the January 8, 2008, public hearing, the Planning Commission continued the project to the January 22, 2008 meeting, in order to conduct further research as to whether a conditional use permit was required; F. That pursuant to Tustin City Code Section 9233c(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 Tustin City Code does not define "fronting" and that the Planning Commission has considered available definitions contained in the Tustin City Code and Webster's Dictionary to determine the meaning of "fronting" as follows: "Lot Front" is defined as "the narrowest dimension of a lot fronting on a street," which in the case of the subject property, is the portion of the lot fronting on EI Camino Real. "'Side and Front of Corner Lots' means the narrowest frontage of a corner lot facing the street is the Resolution No. 4079 CUP 07-020 Page 2 front, and the longest frontage facing the intersecting street is the side, irrespective of the direction in which the dwelling faces." Webster's Dictionary defines "frontage" as "Land adjacent to a building, street." In the case of the subject property, the land is adjacent to both EI Camino Real and EI Camino Way, thus it is fronting upon both streets. H. That the Planning Commission determines that, like any property with any portion of the lot fronting on to EI Camino Real or Main Street and located within the Old Town Commercial General Plan land use designation, the subject property is subject to Tustin City Code Section 9233c(y). That the subject property fronts on EI Camino Real, therefore a conditional use permit is required to establish a dental office at the subject location. J. 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 9233c(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. 2. Pursuant to Tustin City Code Section 9233c(y)(2), approval of professional and general office uses shall meet one or more of the following criterion: Resolution No. 4079 CUP 07-020 Page 3 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 whose 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. 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. Evidence presented by the applicant about the Resolution No. 4079 CUP 07-020 Page 4 cost to modify or alter the building to accommodate retail establishments indicated that the costs were similar to the costs to establish new office uses. There is inadequate evidence that modifying the building to accommodate retail uses is impractical. 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. Also, evidence presented by the applicant about the cost to modify or alter the building to accommodate retail establishments indicated that the costs were similar to the costs to establish proposed new office uses. There is inadequate evidence that modifying the building to accommodate retail establishments is economically infeasible or impractical. 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. 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 retail area. Although the applicant has Resolution No. 4079 CUP 07-020 Page 5 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). Encourage the elimination of non -conforming uses and buildings (Policy 4.4). 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. Tustin City Code Amendment 06-004 was adopted to address this deficiency and encourage much- needed retail uses in the heart of Old Town Tustin. In addition, grating the CUP for an office use would further the non -conforming status of the property, in direct conflict with General Plan Policy 4.4. 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 EI Camino Real and located outside of the Old Town Commercial General Plan land use designation. K. 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); Resolution No. 4079 CUP 07-020 Page 6 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 22nd 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 22nd day of January, 2008. ELIZABETH A. BINSACK Planning Commission Secretary