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HomeMy WebLinkAbout02 TEN PARCEL MAP 2007-234 06-17-08AGENDA REPORT MEETING DATE: JUNE 17, 2008 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: TENTATIVE PARCEL MAP 2007-234 SUMMARY: Tentative Parcel Map 2007-234 is a request to subdivide a condominium suite within an existing office condominium building. The proposed subdivision would result in an additional condominium office unit for a total of twelve (12) units within the existing 33,669 square foot two story building (Applicant: Pacific Pointe Properties, LLC). RECOMMENDATION: That the City Council adopt Resolution No. 08-40 approving Tentative Parcel Map 2007- 234 for condominium office purposes in an existing office condominium building at 2552 Walnut Avenue. FISCAL IMPACT: Tentative Parcel Map 2007-234 is an applicant-initiated project. The applicant has paid applicable fees for the processing of this project. ENVIRONMENTAL: This project is categorically exempt pursuant to Section 15315, Class 15 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). BACKGROUND: The project site is 2.176 acres in area and located at the southwest corner of Walnut Avenue and Franklin Avenue within the Irvine Industrial Complex and the City's Planned Community Commercial (PC-COMM) zoning district (Attachment A -Location Map). The site is developed with a 33,669 square foot two-story office building. Tentative Parcel Map 2007-234 June 17, 2008 Page 2 The Tustin City Council adopted Resolution No. 06-97 on August 7, 2006, approving Final Parcel Map (FPM) 2005-240, to create a parcel for condominium purposes at the subject property. At that time, the existing 33,669 square foot office building was divided into eleven (11) condo units. Unit 110 is the largest unit comprising 4,909 square feet. The applicant is proposing to divide Unit 110 into two condo units which would consist of a 3,118 square foot unit (Unit 110) and a 1,791 square foot unit (Unit 145). Permits have been issued to the applicant to construct interior wall partitions within Unit 110 that would divide the space into two units as proposed. Exterior improvements to the building and project site were completed in September 2006 in conjunction with the condominium conversion of the building. There are no exterior improvements proposed in conjunction with TPM 2007-234. As previously mentioned, the applicant has pulled permits to construct the necessary tenant improvements to the space in order to accommodate the proposed division. The Planning Commission recommended approval of the tentative parcel map by adoption of Resolution No. 4093 on May 27, 2008. DISCUSSION Tentative Parcel Map All existing easements will remain in effect; however, the applicant will modify the existing Covenants, Conditions, and Restrictions (CC&Rs) per Condition 4.1 of Resolution No. 08- 40. The City's Engineering Division has reviewed TPM 2007-234 and determined that it is technically correct. The new parcel complies with the development standards of the Planned Community Commercial zoning district and Irvine Industrial Complex Planned Community Standards, including building site area and lot width, and with State subdivision requirements. Parking There would be no expansion or intensification of use at the project site as a result of the proposed subdivision. The space would remain as office use in conformance with the previously approved condominium conversion of the building (FPM 2005-240). The proposed subdivision would slightly reduce the office square footage due to the required additional wall partitions within the space. City Staff has not received any complaints regarding parking at the subject property. Since there is no change in use nor intensification, there are no parking impacts anticipated. Environmental Review Pursuant to Section 15315, Class 15 of the California Environmental Quality Act (CEQA), Tentative Parcel Map 2007-234 is exempt from the provisions of CEQA since it involves a minor subdivision involving four (4) or fewer parcels that are in conformance with the Tentative Parcel Map 2007-234 June 17, 2008 Page 3 General Plan and Zoning, no variances or exceptions are required, and all services and access to the proposed parcel(s) are available. Ryan Swiontek Elizabeth A. Binsack Associate Planner Community Development Director Attachments: A - Location Map B - Tentative Parcel Map 2007-234 C - City Council Resolution No. 08-40 ATTACHMENT A LOCATION MAP LOCATION MAP w.~ TUSTIN CITY MAP Project No. TPM 2007-234' Address: 2552 Walnut Avenue tustin, CA 92780 i ~~ ~... -~ 4 rK ~ . NO ~~ ~ ~ ~' ~ '~. ~ ~~ ` _ f . ~ '~, pR01lC.'r 4rrr. a~163 /~ ~ x - --.. Ar i A 8 i s i~. A{~, '~ ~ . aaaaa ~~ ~eaae ~ ~ t 'o ~ ~ a g~g ~ ~ ~ ~ ~ laaaaa~ r .. ~ ~ /a ~ aaaea ~ ,•~ ~, ~ ~ ~ ~. ~ ~. ~ ~. ~- . as ea ~ ~ '- aaaeae~ ~ ~ ,.. ~. a ~ a as E a ~ ;, a ~ ~!!' ~ `, TRACT ~M •. ATTACHMENT B TENTATIVE PARCEL MAP 2007-234 ---Z-~ M N N~ ~~ ~~_ ~~ ~ ~~~ ~~ ~~ ~r 3 6 ~~ ~, ~~E r ~: ~• r ~ r ~ z rarr° ~~ li !: 1rt~~ i~ f~ i~i~l !; '~ Dili!! a r ' ~~~ ~ ..~ f ~~ ~. .. ~£ ~ ~r ~ ~igr ra ~ii ~r~lt~~ t~~~~~tr~l~ll~it ~.wesy~ p~ R ~ I ; I I II . I B r !i ieirl ~~:~t! ,,, , 5r..tl.p.». ,Q ~~ip tltl i~ ;1~ i~ ~~rli~l~~~ii~n ci~tei..~iec~Sc.~i.p ~j~i,;i~iri :. ~r ~I~t1~~~iir ~~ j;:~~~~~ii~ ~; ~I ri ~ ; ~ r ,~,,,~~ ~ ~~ r~ ~i ~~ 1~ ~~~~ ~'iir~~ ~ ~ ~. ~:ih~~~N~~~ili '' !~' ~ !~ o eossca•e ~Mn~in ~ ~ - „ ~ ~ ~~ a~ r~r~ ~a~ ~ ~ii~ ~ ~~~~~ w•MH~~ ~~ ~r ~;: ~:~ ~~,~ ~ir d 1 ~ I r~u ! ~... ~ iir ~1 uQi ~ ~ ~ ~ ~ > ~ ~~ ~ 11J o N V < ~ '` W = ~e, °z LL' 8 c ~ ~ ~~~ i r a ~~ !r : ~~ ~~ ~ ~~` ~~ ., RECORDING REQUESTED BY TUSTIN CORPORATE CENTER, LLC. WHEN RECORDED MAIL TO: WALDEN ~ ASSOCIATES 2552 WHITE ROAD, SUITE B IRVINE, CA 92614-6236 PARCEL MAP N0.2007-234 CONDOMINIUM PLAN LEGAL DESCRIPTION PARCEL 1 OF PARCEL MAP NO. 2007-234, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK PAGES INCLUSIVE, OF PARCEL MAPS, RECORDS OF SAID COUNTY. SECOND AMENDED SHEET 1 OF 12 TABLE OF CONTENTS LEGAL DESCRIPTION & SURVEYOR'S STATEMENT ....................................1 OWNER'S CERTIFICATE 8 SIGNATURES ...........................................................2 ACKNOWLEDGEMENTS .........................................3 DEFINITIONS .............:.............................................4 GENERAL NOTES ...................................................5 ELEVATION SCHEDULE .........................................6 PARCEL 1, PARCEL MAP 2007-234 ......................7 PROPERTY BOUNDARY, 8 COMMON AREA........8 UNIT AIRSPACE DIMENSION PLANS..... 9,10, 811 ASSOCIATION PROPERTY 8 ELE\/ATION.........12 SURVEYOR'S STATEMENT I HEREBY STATE THAT I AM A PROFESSIONAL LAND SURVEYOR OF THE STATE OF CALIFORNIA AND THAT THIS PLAN, CONSISTING OF 12 SHEETS, CORRECTLY SHOWS THE BOUNDARY OF THE LAND AND THE RELATION THERETO OF THE PROPOSED UNITS SHOWN HEREIN, THE LOCATION OF WHICH ARE NOT THE RESULT OF A FIELD SURVEY, BUT RATHER THE PLANNED LOCATIONS. THE AIRSPACE OWNERSHIP SHOWN HEREIN IS BASED UPON THE ARCHITECTURAL PLANS PREPARED BY WARE MALCOMB, DATED 5/10/05, AND LAST REVISED ON 8 CTUSRAL PPLANS WERE REVIEWED OR OCATION OF UNITS OR DIMENS ONS OF ED WHEN THE ARCHITE AIRSPACE. DATED THIS 30'" DAY OF APRIL, 2008.. JEFFREY A. WALDEN, P.L.S. 7914 REGISTRATION EXPIRES: 12/31/09 Sheet 1 of 12 G:\projdata\1496\1496-2\DVUG\CONDO PLAMCONDO PLAN.dx SEC ~lV~D MAY 0 1 ?~J8 COMMUNITY DEVELOPMEN? ITT OWNER'S CERTIFICATE WE, THE UNDERSIGNED, BEING THE RECORD OWNER AND RECORD HOLDER OF SECURITY INTEREST IN THE REAL PROPERTY HEREINABOVE DESCRIBED, DO HEREBY CERTIFY THAT WE CONSENT TO THE RECORDATION OF THIS PLAN OF CONDOMINIUM PURSUANT TO THE PROVISIONS OF SECTION 1351 (E) OF THE CALIFORNIA CIVIL CODE, CONSISTING OF: THE DESCRIPTION OR THE SURVEY MAP OF THE SURFACE OF THE LAND INCLUDED WITHIN THIS PROJECT AS SET FORTH HEREIN. 2. THIS CERTIFICATE. RECORD OWNER TUSTIN CORPORATE CENTER, LLC, A LIMITED LIABILITY COMPANY BY: BY: NAME: GARY J. LEVINSKI NAME: MICHAEL J. MASSARO TITLE: MEMBER TITLE: MEMBER BANK OF AMERICA NT&SA, A NATIONAL BANKING ASSOCIATION, BENEFICIARY UNDER A DEED OF TRUST RECORDED AUGUST 12, 2005 AS INSTRUMENT N0.2005000717488, OF OFFICIAL RECORDS. BY: BY: NAME: HARVEY COHEN NAME: ANGIE PHAN TITLE: SENIOR VICE PRESIDENT TITLE: VICE PRESIDENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ON BEFORE ME, ,PERSONALLY APPEARED .WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHEITHEY EXECUTED THE SAME IN HISMER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S) OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE Sheet 2 of 12 G:lprojdata1149611496-2~DWG~CON00 PLANICONDO PLAN.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ~ COUNTY OF ' BEFORE ME, ,PERSONALLY ON WHO PROVED TO ME ON THE BASIS OF APPEARED SATISFACTORY EVIO KNOWLEDGED TO ME HAT HEIHSHSEITHEY EXECUTED THE SAME N H SMER/THEIR INSTRUMENT AND AC AUTHORIZED CAPACITY(IES) F WH CH THE PEIRSON~ ACTED, EXECUTED ~HE NSTRUMENTENT THE PERSON(S) THE ENTITY UPON BEHALF O I CERTIFY UNDER PENALTY O RRECT. RY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CO WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ~ COUNTY OF ' BEFORE ME, ,PERSONALLY ON WHO PROVED TO ME ON THE BASIS OF APPEARED SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHI INSTRUMENT CAPACCITY(ES ,AND THAT BY HISMERITHE R SIGNATURE(S) ON THE NSTRUMENTT HE PIERSON(S) OR AUTHORIZED THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMEN . I CERTIFY UNDER PENAND CORRECT. RY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE A WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ~ COUNTY OF ' BEFORE ME, ,PERSONALLY ON WHO PROVED TO ME ON THE BASIS OF APPEARED SATISFACTORAND ACKNOWLEDGED TO ME THAT H~HS ISE/THEYEDCECUI'ED THE SAME N SMER/THEIR INSTRUMEN AUTHORIZED CAPABEHALF OF WH CH THEYPEIRSONRS ACT DGEXECUTED TOHE NSTRUMENTENT THE PERSON(S) THE ENTITY UPON I CERTIFY UNDER PE~ND CCORRECT. RY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE A WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE Sheet 3 of 12 G:\projdaW\1496\1496-2\WVG\CONDO PLAMCONDO PLAN.dx DEFINITIONS "ASSOCIATION PROPERTY" Association Property means all real and personal property designated by the Declarant as Association Property and made subject to the restrictions on Association Property established in the Restrictions. Any references in this Plan to Association Property are references to the Association Property as a whole and to portions thereof. Association Property spec~calty includes that portion of the Property delineated as Association Property on this Plan. "COMMON AREA" Common Area means those certain volumes of air space described in this Plan, which shall be owned by Owners as tenants-in-common. Any references in this Plan to Common Area are references to the Common Area as a whole and to portions thereof. "CONDOMINIUM" Condominium means an estate in real property as defined in Califomia Civil Code Sections 783 and 1351 (f) consisting of an undivided proportiona#e interest in the Common Areas, and separate interests in a Unit. "CONDOMINIUM PLAN" Condominium Plan means this recorded Plan, as amended or restated, consisting of (a) a description or survey map of the Project, which shall refer to or show monumentation on the ground, (b) athree-dimensional description of the Project, one or more dimensions of which may extend for an indefinite distance upwards or downwards in sufficient detail to identify the Association Property, Common Area and each Unit, and (c) a cert~cate consenting to the Recordation thereof signed and acknowledged by the record owner of fee title to the Project and by the Mortgagee of each recorded Mortgage encumbering the Project. "DECLARATION" shall mean and refer to the Declaration of Covenants, Conditions, and restrictions that encumber the real property covered by this Condominium Plan, both of which may be amended from time to time. "EXCLUSIVE USE COMMON AREA" Exclusive Use Common Areas shall mean the Common Area. "PROPERTY OR PROJECT" Property or Project means all of the real property described in this Plan. The Property is a "common interest development" and a "condominium project" as defined in Sections 1351 (c) and 1351 (f), respectively, of the Califomia Civil Code. "UNIT' Unit means a separate interest in a volume of space including earth and air space, as defined in Section 1351 (f) of the Califomia Civil Code. Each Unit is a separate freehold estate, as separately shown, numbered and designated in this Plan. In interpreting deeds, declarations and plans, the existing exterior physical boundaries of the Unit or the Improvements constructed or reconstructed along the perimeter boundaries of the Unit in substantial accordance with this Plan and the original plans thereof, if such plans are available, shall be conclusively presumed to be the boundaries of the Unit, rather than the description expressed in the Deed, this Plan or the Declaration, regardless of settling or lateral movement of the Improvements and regardless of minor variances between boundaries, as shown on the this Plan or defined in the Deed and the Declaration, and the boundaries of the Improvements as constructed or reconstructed. Where the Unit lines separate two or more adjoining units, such Unit lines shall be deemed to bisect the division wall Improvements. Sheet 4 of 12 G:Iprojdata1149611496-21DWG1COND0 PLANICONDO PLAN.doc GENERAL NOTES 1) This condominium project is composed of the Association Property, the Common Area and eleven units, which are shown and identified herein as Units 100, 110, 120, 130, 140, 145, 150, 160, 200, 210, 220 and 230. 2) Each Unit shalt have anon-exclusive easement appurtenant to their condominium for ingress, egress use and enjoyment on and over the Association Property, excepting any Exclusive Usc Area. 3) Basis of Bearings: As noted on Parcel Map No. 2007-234, bearings shown hereon are based upon the bearing between Q.C.S. Horizontal Control Station GPS No. 6550R and Station GPS No. 6551 being North 34°17'40" East per records on file in the office of the Orange County Surveyor. 4) Bench Mark: 36-97-85 NAVD88/ 1995 OCS ADJUSTMENT ELEVATION 56.745 Described by OCS 2002 -Found 3'/, OCS aluminum benchmark disk stamped "3B-97-85", Set in southeasterly end of a 1 foot concrete headwall. Monument is located along the northeasterly side of Edinger Avenue, 0.75 miles northwesterly of the centerline of Harvard Avenue, 66 feet' northeasterly of the centerline of Edinger Avenue and 52 feet southwesterly of the southwest rail along the Atchinson Topeka and Santa Fe railway. Monument is set 7.0 feet below the railroad tracks. Sheet 5 of 12 G:\projdata\1496\1496-2\DVNG\CONDO PWN\CONDO PLAN.doc VERTICAL ELEVATION SCHEDULE LOWER UPPER UNIT VERTICAL LIMIT VERTICAL LIMIT 100 0 23.5' 110 0 23.5' 120 0 10.5' 130 0 10.5' 140 0 10.5' 145 0 10.5' 150 0 10.5" 160 0 10.5' 200 13' 23.5' 210 13' 23.5' 220 13' 23.5' 230 13' 23.5' BASIS OF VERTICAL DATUM: ELEVATIONS SHOWN HEREON ARE BASED ON TOP OF CONCRETE FLOOR AT BUILDING FIRST FLOOR AS 0.0 FEET. Sheet 6 of 12 G:lprojdatal1486\1496-2~pWC~CONDO PLANICON©O PLAN.doc ~~ i LINE TABLE uNE eEAR-NG DISTANCE L1 N 3740'41' W 15.00' L2 L3 N 25'42'1Z' W N 5T19'12' E 8•~~ 8•~~ L4 N 54'10'43' E 8•~~ CURVE TA BLE CURVE DELTA RADIUS LENGTH C1 01' 4' 12.00' 17.39' C2 90'00'Od' 27.00' 42.41' C3 728'02' 2~8•~' 86.47' C4 97 8'02' 12.00' 19.37' CS S '31' 20.00' 2.06' C6 0'06'27' 2018.90' 3.79' g0 30 0 60 SCALE IN FEET 1 inch = 60 ft. ~~ _ O ~ I NOTE: ' 9 `•° 10 INDICATES NUMBER OF PARKING SPACES - SEE SHEET 1 OF 12 FOR LEGAL DESCRIPTION ( ~ 0 J 9 _~ _Z PARCEL 1 $ PARCEL MAP N0. 2005-240 ~ C7_. _.._.. __ ~ ~ 9 jI~ N 1 1 1 2. ~ DRIVEWAYS. 59.57 3 g © 0 ~,....._._G CC ~ ~. t G C c ASPHALT PARKING LOT ~ .~ ~ 3 ~ ~ --1 0 6.0' STi~R c ~ ~ ~ ~ 9 UNR 160 UNIT UNIT 110 UNR 100 ~ Z 145 C m -- ..~ , ~ UN(f 120 0 `~ a W F ,---~ 8 . ' , ~~ UNIT 150 UNff 140 UNIT 130 - l~ ~ ; 5 ~ ~? z w • L4; C3 N`• ~ ~• o .., _ FRANKLIN AVENUE ~ ti N ST19'12=E 375.00' - - SHEET 8 OF 1i CONDOMINIUM PLAN PARCEL 1, PARCEL MAP 2007-234 BOUNDARY MAP ~ UNIT LOCATION 1ST FLOOR FINAL PARCEL MAP N0.2007-234 TO BE INSERTED HERE 7OF12 CONDOMCEL MAP 2007-234 PARCEL 1, PAR AIRSPACE DIMEN&S 60 PLAN UNIT 150, 11r 20 i o 0 20 SCALE IN FEET inch = 20 ft. SHEET 9 OF 12 ~ w I' ,°.' U .NIT 145 ~' -- CONDOMINIUM PLAN PARCEL 1, PARCEL MAP 2007-234 AIRSPACE DIMENSION PLAN UNIT 100, 110, 120, 130,140 8< 145 11r 20 ~ 0 0 20 SCALE IN FEET 1 inch = 20 ft. UNIT 11fl 0 18. T .....i' /... ~/~ ;: «.~ 1..... ~ `~~. , - ~. ;' 18.7' O 42.8' CORRIDOR °-° 27.8' cn cr .4' .°w° UNIT 140 y o J 0, 7' 43.5' ~ ~t 13.7 13.2' UNIT 130 -- U rn so w w ~ y 6.4' °f h' iv ~, 3.3' V 47.4' SHEET 10 OF 12' 15.4' s -- 12.1' o~ ~ x,61 ~.' ao ,, ,....: •~ _ .., -: 15.2' S~ '~~ STj~I~~' ', ~o ~` , .. 37.4' 4.5f a, UNIT 100 37.3' 3. v: l . I N V UNIT 120 ^? ~1 00 ~\ io Ss, 25.0' CONDOMINIUM PLAN PARCEL 1, PARCEL MAP 2007-234 AIRSPACE DIMENSION PLAN UNITS 200, 210, 220, & 230 2ND FLOOR /M 30 15 0 30 SCALE IN FEET inch = 30 ft. SHEET 11 OF 12 ~ r CONDOMINIUM PLAN PARCEL 1, PARCEL MAP 2007-234 COMMON AREA AND VERTICAL DETAIL INFINITELY UPWARDS INFINITELY UPWARDS INTO THE HEAVENS INTO THE HEAVENS AS50CIATION PROPERTY 100' COMMON ARE A 0' # ROOF SCREEN ELEV. 32.0' SCREEN WALL, ROOF ELEV. 28.5' z J z J ~ ~ a ~ a ~ a a .- w w U Q V d d TO THE CENTER NORTH ELEVATION TO THE CENTER OF THE EARTH NOT TO SCALE OF THE EARTH SHEET 12 OF 12 EXCLUSIVE COMMON AREA CEILING ELEVATION = 23.5' C O N D O M I N I U M BUILDING (UNITS 2ND FLOOR) 2ND FLOOR ELEVATION = 13.0' EXCLUSVE COMMON AREA CEILING ELEVATION 10.5' C O N D O M I N I U M B U I L D I N G (UNITS 1ST FLOOR) ' FINISH FLOOR ELEVATION = 0.0' ATTACHMENT C CITY COUNCIL RESOLUTION NO. 08-40 RESOLUTION NO. 08-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE PARCEL MAP 2007-234 TO SUBDIVIDE AN EXISTING CONDOMINIUM UNIT INTO MULTIPLE SUITES WITHIN AN EXISTING TWO-STORY OFFICE BUILDING LOCATED AT 2552 WALNUT AVENUE The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. That a proper application for Tentative Parcel Map No. 2007-234 was submitted by Gary Levinski of Pacific Pointe Partners, LLC. on behalf of Tustin Corporate Center, LLC. requesting approval to subdivide a condominium unit within an existing two-story office condominium building located at 2552 Walnut Avenue; B. That on May 27, 2008, the Planning Commission adopted Resolution No. 4093 recommending that the City Council approve Tentative Parcel Map 2007-234; C. That a public hearing was duly called, noticed, and held for said map on June 17, 2008, by the City Council; D. That the proposed subdivision is in conformance with the Tustin General Plan land use designation of Planned Community Commercial/Business and Planned Community Commercial (PC-COMM) Zoning District in that these designations provide for the development of office, research and development, and warehouse uses; E. As conditioned, the map would be in conformance with the State Subdivision Map Act and Tustin City Code Section 9323 (Subdivision Code); F. That the site is physically suitable for the type and density of development proposed; G. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems; H. That the parcel map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; and, Resolution No. 08-40 Tentative Parcel Map 2007-234 Page 2 I. The parcel map is Categorically Exempt pursuant to Section 15315, Class 15 of Title 14, Chapter 3, of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The City Council hereby approves Tentative Parcel Map 2007-234 to subdivide a condominium unit within an existing two-story office condominium building located at 2552 Walnut Avenue, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 17th day of June, 2008. JERRY AMANTE MAYOR PAMELA STOKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 08-40 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 17th day of June, 2008, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK EXHIBIT A RESOLUTION NO.08-40 TENTATIVE PARCEL MAP 2007-234 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed Project shall substantially conform with the submitted improvement plans on file, and the Tentative Parcel Map 2007-234, dated June 17, 2008, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 Approval of Tentative Parcel Map 2007-234 is contingent upon the applicant returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.3 As a condition of approval of Tentative Parcel Map 2007-234, 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) 1.4 Within twenty-four (24) months from tentative map approval, the subdivider shall record with appropriate agencies a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9323 of the Tustin Municipal Code. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION Exhibit A Resolution No. 08-40 TPM 2007-234 Page 2 (1) 1.5 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, and the City's zoning regulations. PLANNING/ BUILDING (3) 2.1 At the time of building permit application, the plans shall comply with the 2007 California Building Code (CBC), 2007 California Mechanical Code (CMC), 2007 California Plumbing Codes (CPC), 2007 California Electrical Code (CEC), California Title 24 Accessibility Regulations, 2007 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations (*) 2.2 The 123 parking spaces are allocated among all suites based on ninety (90) percent office use and ten (10) percent storage use. All parking shall be shared among all suites and there shall be no assigned parking spaces. PUBLIC WORKS DEPARTMENT (1) 3.1 Recycling and Disposal of Construction Debris -Prior to issuance of any permit, the contractor shall submit a Waste Management Plan identifying the amount and types of waste created by the project as a result of all construction related activity (Pursuant to City Code Section 4350, et al). (1) 3.2 In addition to the normal full size plan submittal, all final development plans including, but not limited- to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans shall be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 2007 having the extension DWG. However, drawings created in AutoCAD Release 2004 are compatible and acceptable. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings shall be in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. (1) 3.3 Preparation and recordation of a final subdivision map shall be required. Exhibit A Resolution No. 08-40 TPM 2007-234 Page 3 COVENANTS, CONDITIONS, AND RESTRICTIONS (CC&Rs) (1) 4.1 Prior to recordation of the final map, all organizational documents for the project including modified covenants, conditions, and restrictions (CC&Rs), shall be submitted to and approved by the Community Development Department and the City Attorney's Office and recorded with County Recorder's Office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department within five (5) days of recordation. ORANGE COUNTY FIRE AUTHORITY (5) 5.1 Prior to recordation of Final Parcel Map 2007-234, the applicant shall obtain all necessary approvals from the Orange County Fire Authority. FEES (1) 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 fifty dollars ($50.00) 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. (1) 6.2 The applicant shall reimburse the City of Tustin for the actual cost incurred to the City by the City Attorney and/or Special Counsel service for review of the CC&Rs per City Council Resolution 05-99.