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HomeMy WebLinkAbout02 CUP 09-021/TPM 2008-136ITEM #2 TUST I N Report to the Planning Commission DATE: MAY 25, 2010 SUBJECT: TENTATIVE PARCEL MAP 2008-136 CONDITIONAL USE PERMIT 09-021 APPLICANTS: ROBERT L. BALMES 2492 WALNUT AVENUE TUSTIN, CA 92780 (PRIMARY APPLICANT) FIRST BAPTIST CHURCH OF IRVINE/TUSTIN 2472 WALNUT AVENUE TUSTIN, CA 92780 (SECONDARY APPLICANT; FOR CONDITIONAL USE PERMIT 09-021: JOINT USE PARKING ONLY) PROPERTY ROBERT L. BALMES OWNER: P.O. BOX 3909 ORANGE, CA 92857 FIRST BAPTIST CHURCH OF IRVINE/TUSTIN 2472 WALNUT AVENUE TUSTIN, CA 92780 LOCATION: 2492 WALNUT AVENUE (APN. 432-491-35) (PRIMARY PROJECT SITE) 2472 WALNUT AVENUE (APN. 432-491-34) (SECONDARY PROJECT SITE) GENERAL PLAN: PLANNED COMMUNITY COMMERCIALIBUSINESS ZONING: PLANNED COMMUNITY COMMERCIAL (PC COMM) IRVINE INDUSTRIAL COMPLEX PLANNED COMMUNITY DISTRICT ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15315, CLASS 15 AND SECTION 15301, CLASS 1, OF TITLE 14, CHAPTER 3 OF THE CALIFORNIA CODE OF REGULATIONS (GUIDELINES FOR THE CALIFORNIA ENVIRONMENTAL QUALITY AGT). REQUEST: TO CREATE A CONDOMINIUM OFFICE BUILDING FOR ELEVEN (11j SUITES AND AMEND USE PERMIT 88-04 TO INCREASE THE APPROVED SQUARE FOOTAGE ALLOWED FOR MEDICAL USE FROM 7,500 TO 16,543 SQUARE FEET WITHIN AN EXISTING TWO- STORY OFFICE BUILDING AT 2492 WALNUT AVENUE AND TO ESTABLISH JOINT-USE PARKING BETWEEN PROPERTIES LOCATED AT 2492 AND 2472 WALNUT AVENUE. RECOMMENDATION That the Planning Commission adopt Resolution No. 4147 recommending that the City Council repeal Use Permit (UP) 88-04, and approve Tentative Parcel Map (TPM) 2008-136 and Conditional Use Permit (CUP) 09-021. BACKGROUND Site and Surrounding Properties The project involves two sites. The primary site is located at 2492 Walnut Avenue and the secondary site is located at 2472 Walnut Avenue. The primary project site is 2.35 acres (102,366 square feet) in area and located at 2492 Walnut Avenue. The project site is part of the Tustin Corporate Center and located within the Irvine Industrial Complex and the City's Planned Community Commercial (PC-COMM) zoning district, which allows for a variety of industrial, office, and commercial uses (Figure 1). The site is developed with an existing 43,967 square-foot two- story office building and is one of five (5) buildings in the Tustin Corporate Center. The secondary site is located directly adjacent to the primary site and improved with atwo-story building currently occupied by a church use. Surrounding uses to the east, south and west include similar industrial and business uses also located within the Irvine Industrial Complex Planned Community District. To the northwest, the project site borders what will be the future Tustin Ranch Road connection to Tustin Legacy and directly across the future Tustin Ranch Road is the Peppertree Residential Tract. Figure 1: Zoning Map Planning Commission Report May 25, 2010 TPM 2008-136 and CUP 09-021 Page 3 DISCUSSION AND ANALYSIS History & Existing Approvals • Primary Project Site: 2492 Walnut Avenue On March 14, 1988, the Planning Commission adopted Resolution No. 2475 approving Use Permit (UP) 88-04 to allow a maximum of 7,500 square feet of medical office at the primary project site 2492 Walnut Avenue (Attachment D). Any expansion of medical use beyond the 7,500 square feet is subject to Planning Commission approval. • Secondary Project Site: 2472 Walnut Avenue On January 8, 1990, the Planning Commission approved Resolution No. 2720, approving Conditional Use Permit 89-38 for a church use at the secondary project site at 2472 Walnut Avenue. The same resolution also approved a parking variance that required a joint parking agreement between 2492 Walnut Avenue and 2472 Walnut Avenue during certain days (further discussion related to parking is discussed under parking section of this report). The parking variance and joint parking agreement were required in order to allow the church use, including its assembly activities, and medical/general office use. The parking agreement specified that any substantial increase in the medical and general office uses on 2492 Walnut Avenue (primary project site) required the written consent of the property owners of 2472 Walnut Avenue (secondary project site). Project Summary The primary applicant is proposing Tentative Parcel Map 2008-136 to create a condominium office complex to accommodate eleven (11) office suites ranging in size from approximately 724 square feet to 7,634 square feet and amend UP 88-04 to increase the approved medical use from 7,500 to 16,543 square feet at the primary project site, 2492 Walnut Avenue. It should be noted that although the current UP 88-04 limits the medical use to 7,500 square feet, the building is already occupied by 16,543 square feet of medical uses. In 1991, the City inadvertently issued a business license to a physical therapy clinic above and beyond the 7,500 square feet limits established by UP 88-04. In 1995, a new physical therapy business submitted a business license to occupy the same exact space and the City informed them of the medical office limitation. However, since the original clinic has been in existence for four years and the City in fact issued a business license, the City allowed the clinic to remain. The City, however, informed and urged the owner to apply for an amendment to UP 88-04 to legalize the additional medical uses square footage. No application for an amendment to UP 88-04 was submitted until this time. Due to the increased number of required parking spaces required by the TCC for the additional medical use square footage, the primary and secondary applicants are proposing to establish joint use parking between properties located at 2492 and 2472 Walnut Avenue to accommodate the parking needs of both properties. Tentative Parcel Map 2008-136 The primary building site is part of afive-parcel complex with common access from Walnut Avenue and Franklin Avenue that was developed in 1985. Although each of the five parcels is individually owned, the five parcels are subject to Covenants, Conditions, and Restrictions (CC&Rs) recorded on June 14, 1985 which regulate shared/reciprocal access, shared maintenance and assessment, Planning Commission Report May 25, 2010 TPM 2008-136 and CUP 09-021 Page 4 exterior improvements, etc. In addition, there is a master sign program for the Tustin Corporate Center, which covers 2472, 2492, 2512 and 2552 Walnut Avenue. The building at 2492 Walnut Avenue (primary project site) is currently used for medical and general office use. According to business license records, medical and general office businesses have been the large majority of office tenants since the late 1980s. The proposed Tentative Parcel Map is a request to convert the existing building at the primary project site into an eleven (11) unit office condominium, no additional building square footage is proposed. The proposed uses of the building square footage are as follows: Table 1: Proposed Unit Square Footaqe Use S ware Feet First Floor Unit 100 ~ Office _. (_ 4,600 _...._ 105 ! ,.. Medical Office 3 038 110 ~ Medical Office _. 4 596 120 Office 4,748 130 ~ MedicalOffice ~ 4,916 140 ; Medical Office l 3,984 Common Area i 2,400 ~ . ....... . Gross Floor Area ' 28, 282 Second Floor Unit 200 ~ Office 1. 3,389 _ 220 I Office ! 2,160 250 Office 3,764 260 i Office i 724 268 .... ...................Office .._.................... ..... ...............~..~_928...... _Common,Area..~ ..... .............................'.'............. , , . ~._.. 3,720 __ .................L. Gross Floor Area ..............................................,.... . ... ... ... ................. 75, 685 Total 43,967 No modification to the common shared or reciprocal access is proposed. However, the existing parking lot will be modified by restriping sixteen (16) existing compact parking spaces into twelve (12) standard parking spaces. Removing the compact spaces would bring the parking lot into compliance with Section 9266d2.d.1 of the Tustin City Code (TCC), which states that all required parking spaces shall be standard stall dimensions. Restriping the parking lot will result in 152 total on-site parking spaces. The CC&Rs assign the "Managing Owner" approval authority for exterior modifications to properties within the Tustin Corporate Center to the owner of the largest parcel which is located at 2492 Walnut Avenue (the primary project site). Therefore, approval for the proposed exterior modifications for parking lot restriping purposes is implied given that the Managing Owner is also the applicant of TMP 2008-136. The relevant portions of the CC&Rs are included as Attachment E. All existing easements will remain in effect; however, the primary applicant will be required to create and record new Covenants, Conditions, and Restrictions (CC&Rs) applicable to each owner of the eleven (11) condominiums as proposed in Condition 4.1 of Resolution No. 4147. The new CC&Rs will be the governing regulations for the sub-association within the newly created condominium building and each of the new owners will be subject to the Master Association Planning Commission Report May 25, 2010 TPM 2008-136 and CUP 09-021 Page 5 applicable to Tustin Corporate Center. The City's Engineering Division has reviewed TPM 2008- 136 and determined that it is technically correct. The new parcel map for condominium purposes complies with the development standards of the PC IND -Irvine Industrial Complex Planned Community zoning district, including building site area and lot width, the City's Subdivision Ordinance, and with the State Subdivision Map Act. Increase of Medico! Uses Use Permit 88-04, approved in 1988, currently allows for a maximum of 7,500 square feet of medical uses at the primary project site. The primary applicant is requesting approval of CUP 09- 021 to formally authorize the already existing 16,534 square feet, an increase of 9,034 square feet, of medical uses at the primary project site. It should be noted that the requested increase in medical use does not involve physically constructing new building square footage or expanding the existing building footprint; rather the request is to allow the intensification of existing square footage for medical uses. As conditioned, the primary applicant would be required to record a deed restriction, applicable to all eleven (11) proposed units, that limits medical use to a total of 16,534 square feet for the entire building. To ensure that only one conditional use permit for medical office use will apply to the primary project site, the Commission approval of CUP 09-021 would also repeal UP 88-04. All applicable conditions of UP 88-04 would be brought forward and contained in resolution approving CUP 09- 021. Joint Use Parking The Tustin Corporate Center was developed as an industrial office building complex, with parking lots for each of the five buildings accessible from a shared drive aisle. Each parcel contains its own assigned parking. The increase of medical uses within the primary project site increases the number of required parking spaces. To accommodate the parking demand for the increased medical uses and the existing parking agreement currently applicable between the primary and the secondary project sites for a church use, ajoint-use parking conditional use permit is being proposed. As mentioned, the primary and secondary project sites currently have a recorded reciprocal parking agreement recorded on February 23, 1990, in association with CUP 89-38 and Variance (VAR) 89-20 that approved the church use at the secondary project site. Variance 89-20 reduced the required number of parking spaces from 204 to 103 available spaces at 2472 Walnut Avenue (secondary project site) and from 167 to 66 spaces at 2492 Walnut Avenue (primary project site), allowing 101 spaces to be used far church activities after 6:30 PM on weekdays and Sundays when offices are not in operation. Over the years, both parking lots had been and will be restriped to comply with current American with Disabilities Act (ADA) and City standards resulting in 152 parking spaces at the primary project site and 95 parking spaces at the secondary project site (see Figure 2). Planning Commission Report May 25, 2010 TPM 2008-136 and CUP 09-021 Page 6 FIGURE 2 2492 WALNUT AVENUE PARKING STUDY PRQIECT SfTE AND ADJkCENT PROPERTIES r'''.1 li 1LLL ~- ~ -~_, y = ~ '(. 2472 .Pl.~. i nnnnn pl~lnll ' ;VIII, ~~ • ~ _.. 1 ` WALNUT ,. 4, (NAP), a aA~I~Ap =~ ~ •~ ~ 11 ~,,0~~ 1', ~ {~A9~P~r l~erri+ anlj':~i~- ~':4 ._.NAQ ' I , '~ nn I,Inntnr !~ __ ~` 'tl+lrnt"I^~F a~ lin Future ~ ~ , II~,I ~' ; '$ " Tustin Rand ~ ~ ~ ~,. \` _ ~' e>iTl~h I -iifi- _-- =,1 . ~_.._._li ~ v ue ' ~ .~ -t 2492 r ~ ~~ _" _. _~ WALNUT - ~ NAP,,. ~ ~ ~_ ~ ~- ~rirnary _ _ _ '`~, IIIIIIIIIIIIN•.I -~ .}{~HlIIIP glllllllllll 1111111111,1111 Illul~11111~~~ ~~l~gypeces 1 ~ I11~111111(iNil IIIIIIIII ~ II~III I IIII 111111 •I = y,9j WNnut 1626pecea v' II NAP ~ ~ ~ Trnel z47 spaces ~ Tustin Corp®rete Center ~~ Figure 2 The proposed increase from 7,500 to 16,534 square feet of medical use would increase the number of required parking spaces at the primary project site to a total of 201 parking spaces, shown in the following table. Use Parking Ratio Gross Square Feet Parking Required Total Parking Required Parking Provided Medical < 4,000 ftz 1:250 4,000 16 Useh ~ 4,000 ft 1:167 12,534 75 91 152 Office'`* 1:250 27,433 110 110 Total 43,967 201 152 rcauo Dasea on I +/t; a«u et al. ** Ratio based on the Irvine Industrial Complex Planned Community Regulations. Section 9264a of the TCC allows for a reduction of off-street parking requirements with an approved conditional use permit for parking facilities jointly used and have different peak hours of operation (as with the current project involving an office and church). Since the primary project site does not have the adequate number of parking spaces to accommodate the increased medical uses square footage, ajoint-use parking study dated January 5, 2010, was conducted by Transportation Engineering and Planning, Inc. (TEP) (See Attachment F). The parking demand study was conducted during a weekday and a weekend to determine the peak parking demand of both affected sites. Based on parking demand surveys, the typical weekday peak parking demand is 64 spaces between the two properties at 2492 and 2472 Walnut Avenue. The typical weekend peak parking demand is 63 spaces between the two properties, with a total of 247 parking spaces between the two properties. Planning Commission Report May 25, 2010 TPM 2008-136 and CUP 09-021 Page 7 Days Observed Parking Total Parking Demand Provided Monda - Frida 64 247 Saturda -Sunda 63 247 Adequate parking availability was observed and the two parking lots provided more than enough parking spaces demanded by the existing tenants and uses. As conditioned, the primary and secondary applicants will execute a reciprocal parking agreement to ensure that the number of required parking spaces for each property is provided. A condition will also require a new analysis to be provided should the site at 2472 Walnut Avenue (secondary site) be discontinued as a church as the study suggested. Given the observed peak parking demand of 64 spaces and the required reciprocal parking agreement, the proposed and existing uses can be accommodated by the parking spaces provided on 2492 and 2472 Walnut Avenue. Environmental Review Pursuant to Section 15315, Class 15, and Section 15301, Glass 1, of the California Environmental Quality Act (CEQA), TPM 2008-136 and CUP 09-021 are exempt from the provisions of CEQA since the project involves a minor subdivision involving four (4) or fewer parcels that are in conformance with the General Plan and Zoning, no variances or exceptions are required, and all services and access to the proposed parcel(s) are available, and the proposed uses involve negligible or no expansion of an existing uses within an existing office facility. FINDINGS Findings to support approval of Tentative Parcel Map 2008-136 and Conditional Use Permit 09- 021 are included in Resolution No. 4147 for the Planning Commission's consideration Edmet nne V. Hutter Associate Planner izabeth A. Binsack Community Development Director Attachments: A. Location Map B. Land Use Application Fact Sheet C. Tentative Parcel Map 2008-136 D. Planning Commission Resolution No. 2475 E. Tustin Corporate Center CC&Rs F. Parking Study Report dated January 5, 2010 G. Planning Commission Resolution No_ 4147 1Y~o~-secorrtlkild-`da'~Cdd~PCREPORT120101TPM 2008 i 3El (2492 Wslmit~.doc ATTACHMENT A LOCATION MAP LOCATION MAP TPM 2008-136: 2492 WALNUT AVENUE ~, ?,~~ Pti'PEf2 I i2EE C:II'2. '~~ i PINE'~'JULD '; ~1~) ~. ~ ti 4 `f i {. S~• f '~-~, \ i `~- ~, .. 4 ,~ i ,r` `'~ \ ./~ J ~ V ~,~` `~` ~ . ~ l~r~' ~. , 500' ~, ~.,, _ ~' fi '' ,r~ ,~. ` '~fi`~ti~-111% ~, $ao° .~,.. 1, C .f`` V_ \ `4 ~~~ ~~;1 ,~ ~~ .. , rte, fi ~; ~ ~~ ` ~ ` :. f i ~, ~ .., tt .. ,, ~ ~. - , t .~ _ ~rt '4•• ,~, ~,,,,,, ,tip . . "% 9 +'T ' ' ~ .anti ~t 1}~ .~~ ~~` LOCATION MAP CUP 09-02'1: 2492 WALNUT AVENUE 8 2472 WALNUT AVENUE ~,- "~;~~~~,~att Y ~1 ~~~ ~ ~ ~ ~ ~~ 'PFD R£WYEk TREE Gift ~ ~~ ~~ ~` ~ ! / . L~ ^^ ; ~ Jr .~h~y ~ ~ ~' f~'~ ~4' Q'~ ~ ~. ~~~ '~/ ~ . //~ '~ f1 I '.. I _ .. ti l~ `` ~ ~~ ~ r, y ~ `,~ ~\ ~: \ ~ ~' ~~; ~~~ ~~ ~ ,'~ 1 _ ~~Cy6 ~ ~~, ~ ~~1 I ATTACHMENT B LAND USE APPLICATION FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): TPM 2008-136 2. LOCATION: 2492 Walnut Avenue 3. LOT: _ BLOCK: _ TRACT: - 4. APN(S): 432-491-35 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: Use Permit 88-04 and Variance 89-20 6. SURROUNDING LAND USES: NORTH: Office/Commercial SOUTH: Industrial EAST: Office/Commercial WEST: Residential 7. SURROUNDING ZONING DESIGNATION: NORTH: Planned Community Commercial (PC COMM) SOUTH: Planned Community Industrial (PC IND) EAST: Planned Community Commercial (PC COMM) WEST: Planned Community Residential (PC RES) 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Planned Community Commercial/Business SOUTH: Planned Community Commercial/Business EAST: Planned Community Commercial/Business WEST: Planned Community Residential 9. SITE LAND USE: EXISTING PROPOSED Use: General and Medical Office No Change Zoning: Planned Community Commercial No Change General Plan: i~i,=~~n;~c~~ ~.. ~ ~,~r~~~_,n~r~~~ ~;~-~~,~~ni~_:rr.~.all~usiness No Change DEVELOPMENT FACTS: 10. LOT AREA: 102,366 S.F. 2.35 ACRES 11. BUILDING LOT COVERAGE: 50 percent MAX. PERMITTED NIA PROPOSED 12. SITE LANDSCAPING: 5 percent REQUIRED N/A PROPOSED 13. OPEN SPACE: NIA REQUIRED N/A PROPOSED 14. PARKING: 1:250 SF REQUIRED N/A PROPOSED 15. BUILDING HEIGHT: Federal Aviation Agency Requirement NIA PROPOSED MAX. PERMITTED 16. BUILDING SETBACKS: REQUIRED PROPOSED FRONT (Street): SIDE: REAR: 18. OTHER UNIQUE CONDITIO ZONES, EASEMENTS, ETC. 30 feet NIA 10 feet NIA 0 feet NIA ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY Forms: LandUseApplicationFactSheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBERS}: CUP 09-021 2. LOCATION: 2492 Walnut Avenue & 2472 Walnut Avenue 3. LOT: BLOCK: TRACT: 4. APN(S): 432-491-35 and 432-491-34 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: Use Permit 88-04 Conditional Use Permit 89-38 and Variance 89-20 6. SURROUNDING LAND USES: NORTH: OfficelCommercial SOUTH: Office/Commercial EAST: Office/Commercial WEST: Residential 7. SURROUNDING ZONING DESIGNATION: NORTH: Planned Communitv Industrial (PC IND) SOUTH: Planned Community Industrial (PC IND) EAST: Planned Community Commercial (PC COMM) WEST: Planned Community Residential (PC RES) 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Planned Community Commercial/Business SOUTH: Planned Community Commercial/Business EAST: Planned Community Commercial/Business WEST: Planned Community Residential 9. SITE LAND USE: EXISTING Use: General and Medical Office Zoning: Planned Communitv Commercial General Plan: Planned Communitv Commercial/Business PROPOSED General Office, increased Medical Office, Joint-Use Parking No Change No Change DEVELOPMENT FACTS: 10. LOT AREA: 102.366 S.F. 2.35 ACRES 11. BUILDING LOT COVERAGE: 50 percent MAX. PERMITTED 12. SITE LANDSCAPING: 5 percent REQUIRED 13. OPEN SPACE; N/A REQUIRED 14. 15. 16. 18. N/A PROPOSED NIA PROPOSED PARKING: 1:250 SF REQUIRED BUILDING HEIGHT: Federal Aviation Agency Requirement MAX. PERMITTED BUILDING SETBACKS: REQUIRED PROPOSED FRONT (Street): 30 feet N/A SIDE: 10 feet NIA REAR: 0 feet N/A NIA PROPOSED Joint-use PROPOSED N/A PROPOSED OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) Tustin Corporate Center access easement; Existing reciprocal marking agreement between 2472 and 2492 Walnut Avenue Fnrmc-I anrl) IcoAnnlira4innF~rtChco4 ATTACHMENT C TENTATIVE PARCEL MAP 2008-136 N F {y„ 'jI1'~~- o>=A 1 a n ~, ~ q 1 i1 ~=- ~~' 1~ ulivn,o ~ -, 1~ ,911 l ~. ~, ~ 1 ~o~ N 4 w { ~~, ~ r~Fj~ 3 1~. ~• it ~ 3,= 3 ~ 4' ~4I: of 1 ( ~11 ~N~ ~ ~ J r'6~ (~I ` ~9 1 Ev'S 1 1 ~• 1 1 1 4 S ml d7 TENTATIVE PARCEL MAP N0. 2008-135 YJ TFE CITY OF TUSTIN, COUNTY OF ORANGE STATE OF CALIFORNIA FOR OFFICE CONDOMINIUM PURPOSES DATEI APRIL 30, 2008 2,44 ACRES GROSS ASSESSORS PARCEL N0, 432-491-35 ~.n JET -r Ins. I.. i .,'; 1 ' j' 4y ~I q u. m_ " s ~, r „ --^~ -. ~.. M .. ~~ o r. ~'~- ~ --Im^r• ----~--1--- 1 ~' . Y=?.- - ~nr. t - - -'~ . 1 p ~ -- ~ .. II - s~ r G Y ~ I~ 1~\ ~ 1. P P 2s12 wuNDl gvENUE ~ ~ '~L CA (Mill , ~ ~ IN F N 6 -18Sn1D ~ ~ - - - . i ~ ~ -~- -/y~' 1 .-y P M -~ -y Ia[I ) C D ( S ` N ~ ~-' 'of} R ~I h , I' n J i n -^`. FI ~r ,I.. ] 1 $ECONp BTORI OVERFIANC ~` 7797 WNNN AVFNIC 7b' WLn, GL WC S SHAY OfrICF eullBWC lD REw:N J.p r i I1pFl/.i -4 I,et 47n' -'I c.,. PARCEL 1 sae AGRES las »3 sa. FI. GROSS Q NET ,u 4.fu'tlU ,~I 9 ~ ~ 6M1.dIIVIY~NA- ~~ F1 I I \ L 19 CI F r= - c 114 , - _ - i6 l~ . ~. I y' ~f(~ ~" sP A ~ E', e;1 f. N~ A ~~~~, ~ PA AP y' ~EL ( PI P , I: n,5¢ Wrv.NUT AVENUE ,' i , I~ <y J I I ' 3 h Z .!r I ~ I Tr ~ `w I q ~, ~ : H g55' M iJi ~-~ ~m 1~ ~ , i 1 ~h '•S ~~ I p T 1 I _, r„~~ , I ll ~ ~LL' ~ 11'`l, ;~ ly 1 17 T j h ~' ~ 1 1 I try 1, I D ~, ~ 1, jl 1. ' I l{ ~,` 1 ~ 119', ,, ti~~l~, 1,1 .jrr~._ iI ._tl'~ \ L 1 m \ 1 r k ~ yl .1' ~ s P ~ MIN 9' MIN 9' , a Y~- i , (~' t I TYPICAL PARING SPACE I ~ ' LP L. sI 1 ` `k i 1 } 1,1 4~ ~ ,.'.L I °~ ~~ : `~I !, } P/x ~U U' 4 SOLI x7n' S II' A:' A2' I i I Ylll.l '~ '' IFI Ill! IMI PgIMWNis ~, - + i\ Id5PJIMCRI. - ~ _ ~..._ I-III ~~,-.. _.~-J :. _. WALNUT AVENUE Id I ~' Ism '~„ 'a.~ I~ l I 1 i 1~ ~ l~.l L?~(. II fl~:~,~~~tI I~~ 27P'- - _- ~ l _- RA$P~ EVCLOSIIRF ~ ~ 5 D ed Imonrm } `~ ~ ~.:. !~ I ~6 lJ ~ F 1 A~ ~1 3 I Yt ~i 1 1` t 1 3 511747 FRANKLIN AVENUE I~ .II 79741 FfVNNLIN AVENUC ~`^• .,~y III D' 11 V,1F.IE_. TROxt dO IiD 10 7G'. '^ 7' T.• TD IPM 1 , ti J Y PLC" C 09~n: INFff E69R1 -± 5 A-DRE ~1MI 1'fL'1'I , 4 PllORES ~ill~- ---ti ~ r_. _~1r1 ~-' 3 M7DRE'. I - -'~--_--I - 2 AUDRE' FRANKLIN AVENUE I pp°Pe. A ~~ Y t I I (1 sl Gr J .' III ~1, r , 1' f yl~ I IF. I ~ ~,~' ~p ~ ~Y~ 7 r i ` { u ? t ~ I 4 I .I Irytl_ VAAlE4 I~ -Sy-r-~ , ~~ ~II~_L I4c?-` ' a IIIk IE YN J~GAL DESCRIPTION 'LRCE~. A' PAPCE~ 4 AND A POAl10N OF PARCEL 3 OF PARCd MPP ND, E4-tp31, IN THE Clrv OF 1L)yRN, COUNTY OF ORU16E, STATE UT GLIFORNW, AS SHOWN ON A MM (7LC0 IN BOOk 199, PAGES 31 iHROUC}I 76 INCLUSIVC OF PARCEL MAPS, IN 111E OFFIC{ Df THE COUNtt RECOAOf.R OF SAIp COI1Ntt SAID LAND IS SHIJWN AND DF,FINm hS PARCEL 2 ON l0T LINE AlJJUSFMEN7 ND. 63-3, RECORDED DECEMBER 18, 198' AS INSTRUMENT N0. e6-506459, OF OFFlCWL RECORDS, PARCEL E, A RECIPftOFAL F15EMFN1 FOR INGRFSS,EGRfSS, PAAKINf. AND OTHER PURPOSEB AS 'GET OU7" IH A DF.CURR710N OF ESiARLI$HMEIiI OF FISEMEN76, REGORGED FEBRUARY 23, 1990 AS INSTRUTAENI NO 90-04026a tlF OFFlCMI RECORDS. EASEMENT LEGEND; A FFAPERlnI ANC,ATIDN GASEMENi IN ANp THRDIIGH 741E AIR At40JP iME HEREIN DFSffllOm ANO OTHER UNOS, A5 CONVEYED TO THE COUNTY OF DHANUE, BI' GEED RECORDED MARCH 17, IB64 IN BOON 6965, PAGE 721 OF pFFIDWI RECONOS. (EASEME'NI IS BUNKEi IN NAIUAE) ® A 15' 67DPM DRAIN EASFMEIdi OEOICAim 1U THE CITY OF iV571N PFR iRAC7 N0. 8767, M.M. 394/13-16. ANON-E%CLUSNE EASCMCNi IN GRC55 ON, LIVER, UNpER OR ACROSS THE LANG FUN THE PURPOSES OF BUi NOT LIMIim TD THE INSTALUTION, FJAPIACEMENT ANN MAINTENN4CE OF PUBLIC LIi0.1Tf FACIUIIG TOGETHER W]iH iXF. RICHI TO ENTER IN FAVOR OF THE IRVINE fOMPAM', A5 Rf.SERVEO IN THE GRANT DEED RECORDED JiIIY 6, 1981 AS INSTRUMENT N0. 6A-279961, OF 081919E AECOROS.(FI5EMENi IS BUNKEi IN NATURE). A 10' NON-ExCLVAVE EASEMCNi FOR PUBLIC uHLRIES IN FAVOR OF THE IRVINE COMPANY, 0.S P.fSERVED IN THE GRANT DEED RF.ti0Af1PA JULY 6, 1884 A$ INSTRUMENT N0. A4-279964, OF OFFICIAL AEQORDS A5 $IWWN ON FARCE MP N0. A>-1031, P,M~B. 199/39-7d, O ALL l£HICULAR AND PEDESTRIAN ACCE55 gICHTS fO FUTURE iU511N RANCH k(7W (JPatlDRm ODULEVAAU) t0 AE RELEASm PNO REDNOUISHEO 70 THE Cftt OF iUSTIN PROPERTY OWNER/DEVELOPER• ROAERi L. AALMES BUILDING SETBACHS: FROM = 30' 40F. INTERIOR = ib P.O. d0% 3AU5 510E SiRfIT • 70' REAL = NbNE UR4NGE CA 92857 PHONE: put v9-bfin LOT COVERAGE- PARCEL 1 ONLY: BuapwG AREn FoomRlNi: 2e.?e2 A. Fr. vsx GENERAL NGTES: WYUSGPE AiEA: 21,025 S0. Fr. 20.52 I. TONING'. PLANNED COMMUNITY CUMI.ffRCW_ PCC PARKING ORIVF h OTHER A&AS 53,936 SO. Fr. 52.0% 2. MJAC[Ni PROPEATIE$ ZUA9NG: PLANNm f,OMMUHIIY CONMERCWL PCC BUILDING SQUARE FOOTAGE: 3 E%1ETING UNO USE' COMMERCIAL/AU511J65 FIRST FLOOR CRO85 AREA: 78,282 SD. FJ, 4. AOJnCCNi PROPERTIES UND USE', COMMERCIALfBDSWESS UNIT N0, ICU: 9,600 50, FT UNIT N0. 105: 4.038 SO. F7.• 5. 7. STORY' E%ISRNG OFFICE ADIIDING iO REMNN UNIT N0. 110. 9,596 SO. Fi,r IINI1 N0. 170: 4,748 50. Fr. 6. CRO55 AUILOWf• AAEk 93.967 8O. R. UNIT N0. 130. A,yi6 50. FJ 7, LOT "A" TO EE DEDIOAYEO IN FEF TOLE 70 THE CITY CIF IUSNN, VNII N0. LAD', 7,969 SD. fT. AT wb wsr Tb THE cm bF mrnN. coMMDN AREAS;: 2,4pD sD. Iv 8, SEE SXEET iY10 FOR URGER SCA.E OF BUBJECi PARCEL SQUARE FOOTAGE Of VNII NU,6 106 ANU 110 TO TDigi 7,639 50. Fr, WHICH IS THC ARU OF THC EN1511NG UN11' B, 9EE SHEETS L2u ANO ltd OF UNDSCAPE P1A1.5 Fdfl PRUPUSED NO. i 10. UNIT N0. 105 IS A PRUFOBm AREA PND THE IIN11 AREA 15 HOT OEfINCO AT 1H19 TIME ON SLIT IMP(IRVEMfFRS. 6ECON0 FLOOR OR056 AAFR 15,665 56. F7. PARNING SUMMARY ANALYSIS: urlA ND. 200: 3,369 sa. FT. UNI7 N0. 27.0' 2,ifi0 50. FT, UNIT N0. 25D. J,76A 50. Fi. ipTAL UNIT N0. Y6O. 724 5C. R PARKING 1492 WALNUT AVE. CROSS S0. Ff, REOWREU A AEMUIRm UNIT NU. 246. I,y26 50. FT. COMMON AREAS: 3 720 $U F7 RATIO pA NING PANKING , . . MEDICAL NODD SF I/25(1 9000 SF 16 $PACE9 ~'~ USE )4000 $F 1/167 12534 Sf 76 SRACFS 92 SPACES WATER IRMItJE RANCH WATCA DI$7AIC7 1S60U SAND CnNttNA AVE., P.O. BO% 807.5, OFFICE x5,000 $F 1/290 25,000 SF 100 $PACEBI IRJINE CA 57719. llSE )25 004 SF 2433 SF 6 SPACES I OB SPACES RECUIMm IRVINE RANCII WA1fR DISIAICI REOUIRE[I , PARKING CRAN- TOTAL 199 SPACES WATER 15640 SPNI CANYON AVE PO A0x 6025, IRVINE CA 42718 E%ISTINC fW 511E PARKING' 157 SPACES SEWER: IRVINE RANCH WAT1R DISTRICT dEC AnON o Rsr u91MFNl D ISSpD SAND raurDH avE. P o. dpR fiD2s, C%ISIING OFf-61TC FARNWG 95 SPACES eTWNE CA 9:779. PROVIDED PARKING i07A 247 SPACES GAS: 60VTHEAN CALIFOANLA GAS COMPANY 1HE SOVAAE FOOtAGE ALLOCATED 70 MELIIGL USC IWB BEEN S UOTRACfEp F ROM P.D, RO% 3334 ANAHEIM, Gs 920D3. THE 70TAL BV]LDINC GROSS $OUARE FOOTAGE, TH6 RCMAININC B4ANCC PWS BCEN REEDITED 10 OFFICE USE. ELECTRO SOU IIiERN GLIFURNW EDISGN GOMPANY ~pN-SITC PARKING CON5151$ OF 118 RCCUTAR SPACES ANO d I{ANDICAPPED AONC W11N CDIJVEPTIPIC F %1571NG GOMPADT SPACES td AEGULMt AND 1HF 19155 BANE PARNWA'r IRVWE, CA 01718-1818. . RE-$TPIf'ING OUE 1U 1MPRUVEMEM4 DF HANDICAPPED N4AP5 AND PATH pF TAAV0. 1ELEPHONE AikT I FI: FNFI, 14Y[ EOkNtA AVENUE, ROOM 1.771 N$11N, CA. 9268x. ASPH - ASPHALT CONCRETE ~ - SEWER MANHOLE CABLE N: COx COMMUwCgnDNS LONG - CONCREIf. -STORM GRAIN MANHOLE 29947 AVENIOM1 DE LA5 BANOERAS STAT2T L101ff p - 6TDNM DRAIN INLET INlvyyl SANER MAk(,AA1rA. CA. 32688 ® -TRAFFIC PULL BOK ~ - CNATE - CAS AZTEk ® BAOH FLOW DEVICE \ / uQ ® m - PIV TELEPPIDNE PULL DO% 6g - AAIGA710N CONTROL VkVf S ~~ K R k -SIGN 7E - TRASH ENCLOSUPE AY r~ V a REFAINING WAi4 TRANS - mECiwCA TRANSFORMER ~ } $ a AA --- DRAINAGE FLAW I T - ~ V E Ifl(I CA ES PPpJEC BUUtANNY ELEC7RICA, "Y 5 - SFWFR - INO]CAlEB PROJEG'I PARCEL LINE5 5p STORM OFAIN _ - INIt]G7E$ CKISTINp EA.CMEN75 I ~ 4 T - ILLCPHOAL - INDICATES AOJACEHr Lot uNE W NW -WATER - RCCUIMm WAiCR • • • ~~ • - INDICntES nCCESSIBLE PATH OF 1RnVEL N - WAU:A VALVE © - NO OF REGIKAA PARKING SPACE'i I Wt - WATEN MCTEA ' N0. OF HPNOIf.APPEO PARKING SPACES pox - FlAE hYDRANr © - Nb. OF CDMV'nfl PARKING SPAf,ES VICINITY MAF ~ SU 25 D SD I B $CkE IN FEEr I Inch •50 11. ~~ l - of _- F 1 -ti ~ ~' ^CUFB ~+ ~.. <~ :rte ' , ~AVALNUT,~VE ~-fi -~ - I~ ~i~~ L' j _I.T u7 -- w..l~, r , , . w ~r-=- u 1 I ~ .. ;~-F-1 I L 1 I ~ E ', G II - 6 P j1 ` I 1 V 2472 WALNIN AVENUE j ~ ~ 1~ l pC~ I L,~~ ~-- ~11 ~ U 11 .{ i ,,tr ~ , NI1~ d Q INDIGTE$ nN USEMENT WR SANITARY SEWER PURPOSES IN FAVOR CF THE Cltt DF iV9TN PEA THE GAAA7 OEm AECORDm JULY 16, 1985 AS NASiRUMENI N0. 65-259590 CF OFFICIAL RECORDS, INOCATF.S AN Fp$EMEN1 AND RIGI{7 OF WAY FOR UNOERGPOIINO ELECIRIGI. SUPPLY 5Y61EM5 ANO COMMIWIf.A1lDN SYSir'M6 AHD G PURPgSE$ IN FAVOR DF SOUTHERN CALIFORryU mISDh COMPANY. PECOADED APRIL 3, 1986 A$ IFFiTAUMENi N0. 88-IIM1Ob'L ANU RL-P,ECORDED MA" S0, 1986 A5 INSTRUMI.Nr NO 86-2'!4649, tltli4i OF GFFICIAL RECORDS. INUICATLti AN CASEMENT A9f1 RICH7 OF WAY FOR UNDERGNULINp ELECIAICAL 5UPf'LY $Y$1EM$ AND COMMIII'ACATION $YSiEM'v AID II9GDCNTAI INCIOENTAI PURPOSES IN FAVOR OF $OUIHEAN CALIFORNIA mISON COMPMVY. REGORDED JULY 23. 1491 AS IN97RUMENT NO. 97-394136, TENTATIVE ~ PARCEL MAP N0. 2008-136 ,~' IN THE CITY OF TUSTNV, COUNTY OF ORANGE STATE OF CAL~ORNIA 's D '~ ~ FOR OFFICE CONDOMINIUM PURPOSES sa¢ IN rEET DATEI APRIL 30, 2009 Inch =.m IL 244 ACRES 1, s 4,~ ~ ~~ ~ IL , 1 I n.''N ffr `rr L( w , - 1 ~ ~, ~ t )~ ~,` ~ ~ I n ~ { ~ '' .I 'w Y ~ I~ ,~~ ~ ~ I, Z i . q o z• (/ I fit m• 4 J i } ,Z ~ O•_ ~ ~ ~ ~ ~„u ~~ ~ u ~ l 0 n' r 1 ~ q :I , ,~ t ~. .j I t. 1 T I l m I } I I ~~ ~~r ' :~~' ~y ~ N ~ ~' ~~ ~` ~ I '~ ~ r - '4 iI m ' ~~ ~ ~it_ Nq, I m i '~ ~ ~i't 1 Ire ~~ V ~ , ,~ 1 I I~ 11 ~i ~1 R> ~.SI) a 1 ~,n ' i~l 1 ~ I ) e II =~.~ ~ //- ~: .4;r"': 1 I ~,.'`~ ~ 17 ~1 ,i j" _ r.L L~ ', ~ '~ I ~~ ~! , .a t 11•~l 1. }} ~ `( 1 ~~~ ~,I ~ .~ ~ rh ~ N ~ ASSE5SOR'S PARCEL N0, 432 49135 1 `~~ I I Mif, IFff' , A R ~ ~ ff ~:. ~ I , l Ih, t ! ~ L, ~ - iv--~ - 3 - 0- 1 ~~( ~~_ i' lr ~ I~ I ~~~~ ~1~ ~~ ~g ~~~~5~~ ~~~ii ~(~I~~1~ ~'P~~P~r~~IrrL' ~~~t,~p ~ '~ ~rl PROJECT BOUNCARY B ~ `' II, . `- , Ito. ~~ ~,~ ~ ?li ~_ ~~~~~. ~~ ~~~ ~ ~ '~ I I I x ~ ~ ~ 1~ -`t s' j' ' f ~ , ._ - I 1~ 4- ~II I I ~, a ,~ I r I ~`~' ~, I ~ B ~, • I ~ I ~ • t N ~ . 2 -1 A~' ~ ) t~ II - ~ r ~ 0 1, ~ ~) Ei ` ~ I I , Ph' a' ; T I J' I I~ r p' i t' q 4f ASF, ~ ~ ~ t, EI, ti l ~1 ~~--~ ~ -- -__ ~-~ ~ ~. _ 9fl -- I ;.I --: Ble tka~ - .~-- I 6° ~ ~; "' ~' ~~~{ I N~/ t v~ I I m I M F---.I'natr S'J.:~4p't.. i F+/ ~~~ I l `,R,, ~ a'1 ~ ~~~'-_ v 4 ~, ~1~, 1 ~ ~ ~~ t l ~~~ 4.r II ~ ~~~ j ~~ 1 II CG ~~ ,I I H I 4N V P~+~ ~~ ." 1 t~, _- 1! ~~ 1.. 'a ^' 1 L a~ v. 1 1 1 it ~, f'~ CC ~11 l ~;;i 1 e: ~~ ~~• ~I~i~N i~"'s °'y--~--- -- ~- ~ ' ~4~ I a..- 1~,r1. L fl pf71-F q: h 11 A "~G T ~~ 3f1' pliitR rnRCF1 T 2.58 llCtiES 102,7U S0. FE. tav7 WNNUE ~xtg - tL 1.f1 ~r71R mmnc . sraw OfiICF DuILWNG IU kFUUN .}~' f .i(1' fniilk -~1 L;i Uf,liYk ~`~ 4 Epp' GUpf~ ~ Ui1' 6":'LL-I ~L ),Ir ftU~1F ~.~ Tg SO' ~UGfa-~ ~~~ .1~0~ ~~I ^' A:~i'n asrll -~ 1 __,_ _______ ~r f.~~ V~______. ~i ;.n' ., ~ T------- -rt -° r ~-- i I -- \ / t .~ AJ I N IJ ~Ua I l l L ~~ X11 p P ~'b4y';~1 .,~ III ~.i " ) P A~~ Flu r.,,._ I I '. .~..I 1 _ II I'~ I .S ' 1~~ ! ~ ._ ~> ~' ~ r I ~~` , r w ~. u I:I ~-~i ~( r 4? ~ I I ~ `~ Q I ~ 1 I / III I 1 1I. w II ~,~3~ i 1• 1 ~.F ~ ~ g ~~ ~, ~ P ~ M' ~' ` , i ~ ... IS'=1 ~irl; yrrT~ I ~ ~I ~~ : i ~1 ~ ~ i ~ ~~ ~"' i~ ~I _ ., ~ ~-PROJEC'T BUl1NNrARY~i ~ ~~ T III , ____ .________ _____ 4 ____. 'il ~ , ---------------- ----------(----------~-- lI , Qh ~ ~. ty r 1 Lr. A'',FPI ~.. 1 1 '^ b ~ i 6 6 3. w ------ - ----------- ~1 ~. r ~~IA I` pJ gyp`<P~ 1 ~ In ' ~`I~~~~~~Lf 3~'~,~ ~; ,I` t1 ~ ~1. rh' ~ 14741 t `d~ In-" ~~'~~' ~'t, 14741 FRANKLIN AVENUE ~ '~' FRANKLIN AVENUE 1 Al w ~. ~ h'~1~ `17 ~1 `4 _ ,~~ ,1 1 / ` I ' T I , •1 1 ~ }\ _'JI ,\M 1 ~ SEE EHCEi UNE fOft nLL flEFFRENCF WFf1RMAtI1Nl, t~ A~PN ASPHnIi CONCRETE GCNI. - CONCRLiL j~--p S7REET I lflR ® 1kV'(IC yIILI. BOX fia PULL BD% GA$ MCi:_R ® iELEPHONC PULL BOX -'sfN RF7nuuN0 WM,1, DFAINAGE FL1W E F1EClTgf.A1. SU SEWEN - STOIEM VNNN T - 1-uEPHONF W - WATCk RW -RECD AxALT WATER WATER VnIVE - WATER METER cvw - F~ HYORANi - SF.WF.R MANHOLE ~ - STORM oNAIN MANIIpLE O - Sn7RM DRNN INLET ~I - LRAIC ® - 9ACN FLOMI CEVIC.E ® - P1V Etl - kRIMTION CONTROL VALVE iE - TRAShI EIeCLOSVAC 1PANS - ELECTRICAL 1RANSfGNMEk - INgCAIES PRC.ECi BOVNDARi - INDICATES PROJEfi PPRCEL LINE - - - - -INDICATES CXIS7INC CASEMENTS - INgCAtES AOJACENi 1.07 LINE ---- • - IrmIDATES uressleLE RA71 oc mnvEL ATTACHMENT D RESOLUTION NO. 2475 t 1~ `l' 31 4 5 G r 9 RESOLUTION NO. 2475 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING FNSTALLATION OF A MEDICAL CLINIC AND LABORATORY AT 2492 WALNUT AVENUE The Pianning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application (Use Permit No. 88-4) has been filed by Progressive Design Associates, on behalf of PHP Healthcare Corporation to request authorization to operate a medical clinic at 2492 Walnut Avenue. 10,1 i l1 ]`L. ]3~ 14i 1`'•I 1 c' li. Ifi 21' 22 23 24 25 2G~ `l7 ~ 2R1 6. That a public hearing was duly Called, noticed and held on said application on March 14, 1988. C. That establishment, maintenance, and operation of the use applied for 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, evidenced by the following findings: 1. The use applied for is in conformance with the Tustin General Plan. 2. The site is located in the Planned Community Commercial District. 3. The use applied for is an authorized use in commercial districts throughout the City. 4. The use applied for is similar to uses existing in the Planned Community Commercial zone. 5. Parking for the Tustin Corporate Center is provided on a joint use basis. Existing parking facilities 'will accommodate this use with no negative impacts on neighboring uses. D. That the establishment, maintenance, and operation of the use applied far will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, and should be granted. E. Proposed development shall be in accordance with the development policies adopted by the City Council, Uniform Building Codes as administered by the Building Official, Fire Code as administered by the Orange County Fire Marshal and street improvement requirements as administered by the City Engineer. ~ 1 Resolution No. 2475 Page two 1' 1 1 1 1 l 1 l 1 2 2 2 2 2 2 2 2 ~~ F. This project is categorically exempt from the California Environmental Quality Act. G. Final development plans shall require the review and approval of the Community Development Department. II. The Planning Commission hereby approves Conditional Use Permit No. 88-4 to authorize a medical clinic at 2492 Walnut Avenue subject to the following conditions: A. Final development plans shall comply with the approved plans or as herein modified, date stamped January 28, 1988. All tenant improvement plans shall conform to all applicable Building, Fire, State and Federal Codes and regulations. B. Any expansion of the facilities beyond 7,500 square feet shall require prior approval by the Planning Commission. D. Parking shall be provided as follows: 45 spaces (6 spaces per 1,000 square feet of floor area.) E. All signs shall conform to the Tustin Sign Code. All permits for signage shall be processed and issued prior to issuance of a Certificate of Occupancy. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 14th day of March, 1988. Chairman STATE OF CALIFORNIA ) COllNTY OF ORANGE ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, Secretary of the Planning Commission Resolution No. ~?~/~~ was duly the 7 stin Planning Commission, held 198. NI FOLEY Recording Secretary hereby certify that I am the Recording of the City of Tustin, California; that passed and adopted at a re ular ~peeting of on the ~~day of ~~~,~f~j ATTACHMENT E TUSTIN CORPORATE CENTER CC&Rs ~~ s5-z1B~43 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TOs ~~ RFOttfS1E0 9- TICOR fI1lE IN5 CA G( CALIF. RGCUADFa IN pfFlCtAi, t7EGORDs OFORANQE COUNTV~ CALIFORN1~l -3±s pM JUN 14'85 Attention: Jay F, Palchikaff •tir~~,~ y~.A,K~ cou«n ~ RCC07tQ5~ Gibson, Dunn & Crutcher 800 Newport Center Drive, Suits 600 Newport Seach, California 42660 ~~ DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS OF EASEMENTS This declaration i8 made as of this 11th day a£ June 1985, by Tustin Corporate Park Limited, a California limited partnership (hereinafter "Declarant"). RECITALS WHEREAS, Declarant is the owner of certain real property (hereinafter "The Subject Property") in the County of Orange, Stets of California, which ie more particularly described in Exhibit "A" which is attached hereto and incorporated herein by this reference; WHEREAS, in order to establish a gan®ral plan for maintenance, upkeep, improvement and development of the Subject Property, Declarant deslres to impose on the Subject Property certain covenants, conditions, restrictions and reservations of easements upon which all of the parcels within the Subject Property shall be used, held, improved and conveyed; WHEREA5, each and every provision and restriction contained herein shall be imposed on every parcel within the Subject Property as a mutual equitable servitude in favor of all other parcele wtthin the Subject Property= and `v'\ 9~ N I WPN: JFP/1134E Si--213 Said easements shall include all laterals ' required to bring the respective utility services to each parcel. Said easements shall be in the locations as installed as of the date of the recordation of this Declaration or at such locations as determined by the Managing Owner and in accordance with the City of Tuatin's "Minimum Design Standards far Public Works Improvements constructed within Public Rights of Way or Improvements to b• maintained with Public Funds." Said oasements shall also include incidental easements for maintainance, repair and replacment of the above-mentioned lines, wires, conduits, pipes and related equipment. Said eascmanta shall not be used in such a manner so as to unreasonably interfere with the use and enjoyment o£ any parcel within the Subject Property. 3. Maintenance and Assessments. a. Shared Maintenance Expenses. Declarant shall be the Managing Owner ao long as it owns any portion of the Subject Property. Thereafter, the owner of the Largest single parcel within the Subject Property on a scsuare footage bazia shall be the Mlanaging Owner. The Managing bwn+r shall be responsible for supervialnq and coordinating all maintenance and repair work dons on the herein described utility services. The Managing Owner shell be responsible for entering into all agreements on behalf of all owners of parcels within the Subject Property for purposes of maintainlnq all utility services, hookups and conduits in a manner consistent with the safe operation of such utillties pursuant to the guidelines established by the 7 APPENDIX F PARKING STUDY REPORT DATED JANUARY 5, 2010 7' P.O. Box 18355 Irvine CA 92623 e-mail: tP~-Irvine~sbrglcbatl.net sm phone: 949 552 4357 fax: 909494 4408 mobile: 909 263 0383 January 5, 2010 To: Robert Balmes From: Craig S. Neustaedter, California Registered Traffic Engineer (License # 1433) Subject: 2492 Walnut Av. Parking Study Revised Report Issue Robert Balmes is proposing an office condominium conversion for an existing office building located at 2492 Walnut Ave. in Tustin California. The existing office building is 43967 ft.2 consisting of general office and medical uses. Sufficient off street parking is provided for the office building as part of the reciprocal parking agreement with an adjacent church site. The city of Tustin requires a parking study be prepared by a California registered traffic engineer in order to consider the proposed office condominium conversion. The purpose of this study is to demonstrate that no substantial conflict will exist in the peak hours of parking demand, and that adequate off s#reet parking can be provided. Section 9264 of the Tustin City Code addresses the requirements for analyzing the reduction of off street parking. This section of the city code requires, "the methodology to be used in preparing the study shall be promulgated in the Institute of Transportation Engineers (ITE)". Project Description The existing office building is located at 2492 Walnut Ave. in Tustin Galifornia. This site is located south of Walnut Ave. between Tustin Ranch Road and Franklin Avenue. Figure 7 shows the site location. There are several buildings adjacent to the project and share access. These include two additional office buildings at 2552 Walnut Ave. and 14851 Franklin Ave., a small shopping mall located at 2512 Walnut Ave., and First Baptist Church located at 2472 Walnut Ave. The layout showing the project site and the above referenced adjacent facilities is shown as Figure 2. The project consists of two floors containing general office and medical related uses. The total square footage of the office building is 43967 ft.2. The project site plan is shown as Figure 3. The existing building utilization is summarized as follows: ~ Report has been revised based on comments received from city staff on November 23, 2009 and December 3, 2009. Transportation Engineering and Planning, inc. First Floor S uare foots a Use Suite 100 4600 Office Suite 110 7634 Medical Clinic Suite 120 4784 Office Suite 130 4916 Diabetes Research Facili /Medical Clinic Suite 140 3984 Physical Therapy Office / Medical Clinic First floor common area ~ 2364 Rentable square feet 2591$ 4_~_. Gross floor area 28282 I _ .~.~._.___ Second Floor S uare foots a Use Suite 200 3389 Office Suite 220 2160 Office vacant Suite 250 3764 Office Suite 260 724 Office Suite 268 1928 Office Second floor common I area 3720 ~~ .. Rentable square feet ~ 11965 ~ _ ~ Gross floor area I 15685 ~ ~ f__ ~ -__._.. Total rentable square feet 37883 ~ Total gross floor area { 43967 Currently, 16534 ft.z of medical related uses occupy the office building. These include a medical clinic (Suite 110/7634 ft.2), a diabetes laboratory (Suite 130/4916 ft.2) and a physical therapy office (Suite 140/3984 ft.2). The medical clinic operates seven days a week: 7 AM to 8 PM Monday through Friday and 8 AM to 4 PM on Saturday and Sunday. The current utilization characteristics of the office building are expected to be continued when the condominium conversion is completed. Existing On-Site Parking The project on-site parking consists of 147 regular spaces and 5 handicap spaces, for a total of 152 spaces. On-Site Parking Standard per City Ordinance The on-site parking standard for the praject site is covered under Section 4263, Table 1 of the Tustin Municipal Code. Transportation Engineering and Planning, lnc. Medical clinics are required to provide one space far each 250 ft.z of gross floor area for the first 4000 ft.2 of medical space within a building and six spaces for each 1000 ft.2 of gross floor area excess of 4000 ft.2. Offices are required to provide one space for each 250 ft.2 of gross floor area for the first 25,000 ft.2 and one space for each 300 ft.2, thereafter. Per the city parking ordinance, the following is the on-site parking standard: Use Parking ratio Gross square feet Required parking Total required arkin Medical < 4000 ft.2 1/250 4000 16 91 clinic > 4000 ft.2 1/167 12534 75 Office <25,000 ft.2 11250 25000 100 108 >25,000 ft.2 1/300 2433 8 Total 439t~7 ~ 199 Note: the square footage allocated to medical clinic uses has been subtracted from the total building gross square footage. This remaining balance has been allocated to office uses. Per the city municipal ordinance, 199 parking spaces should be provided on-site. The project will provide 152 spaces on site. The deficiency will be remediated by means of the reciprocal parking arrangement with Trinity Baptist Church. On-Site Parking Standard per ITE Parking Generation Manual The Institute of Transportation Engineers (ITE) has compiled an informational report on parking demand characteristics of various land uses based on numerous data collection efforts conducted throughout the United States and internationally. The current edition of this report is the third edition, entitled "Parking Generation". The report includes data on the average peak period parking demand of the two land uses on the project site including medical clinic, and office. The average peak period for these two uses occurs during weekdays. The Parking Generation manual notes that weekend peak period demand for medical clinics is similar to weekday peak period demand (page 165). The on-site parking standard based on ITE parking demand rates (85th percentile} is summarized as follows: Use Parking ratio (85th ercentile Gross square feet Required parking Medical clinic 4.74/1000 16534 78 Office 3.44/1000 27433 94 Total _ ~ 43967 172 Transportation Engineering and Planning, Inc. According to the ITE parking generation standards, the project should provide 172 parking spaces. This is 27 fewer spaces based on the city municipal code standard. The deficiency will be remediated by means of the reciprocal parking arrangement with Trinity Baptist Church. Shared Parking Opportunity for Reciprocal Parking Agreement Shared parking is the use of a parking space to serve two or more individual land uses without conflict. The ability to share parking spaces is the result of variations in the accumulation of vehicles by hour and by day for individual land uses. The Urban Land Institute (ULI) has documented that often on-site parking space requirements can be reduced where there are shared parking opportunities (see Shared Parking, Second Edition, ULI). This concept is also supported in the ITE Parking Generation Manual, 3rd Edition (see Appendix B}. A shared parking condition exists for the project in relation to the adjacent First Baptist Church located at 2472 Walnut Ave. Due to the presence of this shared parking opportunity, it is feasible to reduce the overall parking requirement for the two sites by means of a reciprocal parking agreement, implemented and enforced by the city. Summary of Previous Parking Study A brief parking study was completed by Austin-Foust Associates (AFA) dated December 21, 1989 for the First Baptist Church. This study stated that the church requires 204 parking spaces, with 103 parking spaces provided on-site. The AFA study cites apre-existing reciprocal parking agreement allowing the church to use 167 parking spaces of the office building located at 2492 Wa-nut Ave. The AFA study predicted a maximum parking demand on Sundays as follows: Medical clinic 45 spaces Church 101 spaces Total 146 spaces The AFA study predicted that there would be a surplus of 21 vacant spaces on Sundays during that period of peak parking demand. ' Updated Shared Parking Analysis Parking utilization of the two adjoining sites was surveyed for a typical weekday and a typical Sunday. The number of occupied parking spaces was surveyed over a continuous nine hour period from 7 AM to 3 PM on Sunday, August 23, 2009. This survey time period encompasses the hours when church services concurrently occur during hours when the medical clinic is in operation on weekends. The results of this survey are shown below: Transportation Engineering and Planning, Inc. Occupancy Survey Sunday August 23, 2009 2492 Walnut 2472 Walnut -First Baptist Combined .~ .... ._..---~-----~----. Reg_ _..- _Handicapped ______Green _ Total Total 7:00 ; ~ 1 0 0 1 • 2 8:00 2~ 1 0 0 1j 3 9:00 3 i 22 1 1 24 ~ 27 10:00 ~ 2 31 2 1 34 I 36 11:00 ~ 3 i 51 5 4 60 ~ 63 12:00 ! 3 ' 31 4 3 38 j 41 13:00 I 3 f 2 0 0 2; 5 14:00 5~ 3 2 0 5~ 10 15:00• 6• 3 1 0 4• 10 The number of occupied parking spaces was also surveyed from 11 AM to 8 PM on Wednesday, December 23, 2009. This time period encompasses the weekday hours of peak parking utilization for the uses occupying 2492 Walnut Awe. and the church. Occupancy Survey Wednesday, December 23, 2009 2492 Walnut 2472 Walnut -First Baptist Combined Ree Handicapped Green Totai Total 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 44 20 0 0 2C '~ 37 19 0 0 1~) 41 18 0 0 1S I! 33 17 0 0 'L :' ' 41 19 0 0 36 16 0 0 :i.`" 27 9 0 0 12 7 1 0 .', 4 10 2 0 64 56 59 50 60 52 36 20 16 When the project at 2492 Walnut is completed there will be 152 parking spaces on site. Currently, there are 95 parking spaces on the First Baptist Church site. 1n total, there will be 247 parking spaces covered under the reciprocal parking agreement. The parking occupancy survey indicates that during the hour of maximum utilization on Sunday mornings (11 AM to 12 PM), only 63 spaces (26°1°) of the available spaces will be occupied. There will be a surplus of 184 spaces. On typical weekday during the hour of maximum utilization (11 AM to 12 PM), only 64 spaces (26%) of the available spaces will be occupied. There will be a surplus of 183 spaces. Transportation Engineering and Planning, Inc. 5 Summary of Findings It is the finding of this parking study report that the off street parking requirement for 2492 Walnut Ave, can be reduced in accordance with the technical requirements of Section 9264 of the Tustin city code. Specifically: 1) This study has demonstrated there will be no substantial conflict in the peak hours of parking demand for the uses far which joint use is proposed. The study showed that during weekday peak hours of operation there will be a surplus of 183 spaces. However, if the site at 2472 Walnut is discontinued to be used as a church, this finding would need to be revisited. If this occurs, the reuse developer should be required to update the shared parking analysis as part of the city permit application process. 2) In accordance with procedures promulgated by the Institute of Transportation Engineers (ITE), the project located at 2492 Walnut Ave. will have adequate on-site parking by providing 152 parking spaces. 3) The number of parking spaces to be credited against the requirements for the structures involved will not exceed the number of spaces reasonably anticipated to be available during different hours of operation. The number of spaces will remain constant at 247 parking spaces. 4) The parking spaces designated for joint use are located so that they will adequately serve the uses for which they are intended. The parking spaces are located adjacent to 2492 and 2472 Walnut Ave. t+o•rnoot'~ ~~ 12/31/l0 C.~~, Transportafion Engineering and Planning, Inc. 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ATTACHMENT G RESOLUTION NO. 4147 RESOLUTION NO. 4147 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP (TPM) 2008-136 TO CREATE A CONDOMINIUM OFFICE BUILDING FOR ELEVEN (11) SUITES, REPEAL USE PERMIT 88-04 AND APPROVE CONDITIONAL USE PERMIT 09-021 TO INCREASE THE APPROVED SQUARE FOOTAGE ALLOWED FOR MEDICAL USE FROM 7,500 TO 16,543 SQUARE FEET WITHIN AN EXISTING TWO-STORY OFFICE BUILDING AT 2492 WALNUT AVENUE, AND TO ESTABLISH JOINT-USE PARKING BETWEEN PROPERTIES LOCATED AT 2492 AND 2472 WALNUT AVENUE. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Tentative Parcel Map No. 2008-136 was submitted by Robert L. Balmes requesting approval to create a condominium office building and increase the approved square footage for medical use from 7,500 to 16,534 square feet within an existing two-story office building located at 2492 Walnut Avenue; B. That a proper application for Conditional Use Permit 09-021 was submitted by Robert L. Balmes and First Baptist Church of Irvine/Tustin, requesting approval to establish joint-use parking between properties located at 2492 and 2472 Walnut Avenue; C. That the site is designated as Planned Community Commercial/Business by the City General Plan and is zoned Planned Community Commercial (PC COMM) and located within the Irvine Industrial Complex Planned Community District, which provides for a variety of industrial, office and commercial uses. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. D. That a public hearing was duly called, noticed, and held for TMP 2008-136 and CUP 09-021 on May 25, 2010, by the Planning Commission; E. As conditioned, the map would be in conformance with the State Subdivision Map Act and Tustin City Code Section 9323 (Subdivision Code) in that; 1. That the proposed map is consistent with the General Plan and the Irvine Industrial Complex Planned Community District Regulations. 2. That the design and improvement of the proposed subdivision is consistent with the General Plan and the Irvine Industrial Complex Planned Community District Regulations. 3, That the site is physically suitable for the type of development. 4. That the site is physically suitable for the proposed density of development. 5. 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. Resolution Na. 4147 Page 2 6. As conditioned, the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. 8. That the Public Works Department has reviewed the map and determined that it is technically correct. F. As conditioned, the site is physically suitable for the proposed density and type of development. G. That the establishment, maintenance, and operation of the proposed increased of medical office uses and joint-use parking uses 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. As conditioned, the increase in parking requirements generated by the proposed increase in medical use can be accommodated by reciprocal parking agreements. 2. A parking study dated January 5, 2010, prepared by a California licensed traffic engineer, demonstrates that no substantial conflict will exist in the peak hours of parking demand for the uses for which the joint-use parking is proposed; 3. Parking spaces designated for joint use are located so that they will adequately serve the uses for which they are intended. H. The parcel map and the proposed request is Categorically Exempt pursuant to Section 15315, Class 15, and Section 15301, Class 3, of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The Planning Commission hereby recommends that the City Council approve Tentative Parcel Map (TPM) 2008-136 to create a condominium office building for eleven (11) suites, repeal Use Permit 88-04 and approve Conditional Use Permit 09-021 to increase the approved square footage allowed for medical use from 7,500 to 16,543 square feet within an existing two-story office building at 2492 walnut avenue, and to establish joint- use parking between properties located at 2492 and 2472 walnut avenue. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 25`h day of May, 2010. ELWYN A. "AL" MURRAY Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4147 Page 3 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. 4147 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of May, 2010. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION N0.4147 TENTATIVE PARCEL MAP 2008-136 CONDITIONAL USE PERMIT 09-021 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 25, 2010, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval of Conditional Use Permit 09-021 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) 1.4 Approval of Tentative Parcel Map 2008-136 and Conditional Use Permit 09-021, 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) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.6 Conditional Use Permit 09-021 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 09-021, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODElS (7) PClCC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4147 Page 2 (1) 1.7 As a condition of approval of Tentative Parcel Map 2008-136 and Conditional Use Permit 09-021, 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) 1.8 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. {1) 1.9 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.10 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. (1) 1.11 Approved uses shall operate within all applicable State, County, and the Tustin City Code. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or of the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject Conditional Use Permit, as provided for the Tustin City Code. Exhibit A Resolution No. 4147 Page 3 USE RESTRICTIONS (1) 2.1 The office condominium use at 2492 Walnut Avenue is limited to 16,534 square feet of medical office and 27,433 gross square feet of professional office, as shown in the table below. Any change in use shall be reviewed and approved by the Community Development Director. (1) 2.2 Parking spaces designated for joint use shall be located so that they will adequately serve the uses for which they are intended, (1) 2.3 A total of 152 parking spaces shall be maintained on 2492 Walnut Avenue at all times. A total of 95 parking spaces shall be maintained on 2472 Walnut Avenue. Any reduction of on-site parking shall be reviewed and approved by the Community Development Director. The approval of joint-use parking is subject to the use at 2472 Walnut Avenue to remain as a church use. Any change to the church use shall require review and approval by the City. (1) 2.4 If in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to provide immediate interim and permanent mitigation measures to be reviewed and approved by the Community Exhibit A Resolution No. 4147 Page 4 Development Department and the Public Works Department including but not limited to: a. Reduction of medical uses b. Limit church uses of the parking spaces at 2492 Walnut Avenue to weekend use only PLAN SUBMITTAL (1) 3.1 The applicant shall execute a monumentation agreement and furnish a monumentation bond prior to recordation of the Final Map. (1) 3.2 The applicant shall dedicate all access rights along future Tustin Ranch Road to the City of Tustin, at no cost to the City. (1) 3.3 The applicant shall dedicate in fee title Lot "A" to the City of Tustin, at no cost to the City. A portion of the above dedication will include the existing 15-foot storm drain easement dedicated to the City of Tustin per Tract No. 8763, M.M. 354/13-16 along the future Tustin Ranch Road right-of-way. (1) 3.4 Prior to approval of the Final Parcel Map 2008-136, the applicant shall provide a ten (10) foot wide Temporary Construction Easement (TCE) to the City of Tustin at no charge to City, for construction of future Tustin Ranch Road along the westerly property line. The applicant shall submit a legal description and plat as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor to the Engineering Division for review and approval. (1) 3.5 At the time of building permit, 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 Accessibi-ity Regulations, 2005 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations 2005 Edition. (1) 3.6 A written and recorded reciprocal parking agreement shall be drawn to the satisfaction of the City Attorney and Community Development Director and executed by the property owners of 2492 Walnut Avenue and 2472 Walnut Avenue, assuring the continued availability of the number of parking spaces designated for joint use and availability of reciprocal access easements. If in the future, the reciprocal parking agreement is no longer valid at 2472 Walnut Avenue due to change in use or schedule, a new parking study shall be required. Based on said new parking study, the City may require modifications to CUP 09- 021 regarding joint-use parking and/or square footage of medical use. Exhibit A Resolution No. 4147 Page 5 *** 3.7 The subdivider shall record a deed restriction for the property located at 2492 Walnut Avenue that limits the medical use to a maximum of 16,534 square feet for the entire building. The deed restriction shall approved by the Community Development Director prior to recording and applicable to all eleven (11) units. COVENANTS, CONDITIONS, AND RESTRICTIONS (CC&Rs) (1) 4.1 Prior to recordation of the final map, all organizational documents for the project including any 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. At a minimum, the following items shall be included: a. The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs. b. The requirement that association bylaws be established. Provisions related to the limitation of medical office uses within the building at 2492 Walnut Avenue. Any change to the intensity and/or uses specified requires City approval. d. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including buildings and amenities, landscaped areas, walls and fences, private roadways (i.e., walks, sidewalks), etc. Maintenance standards shall also be provided. Examples of maintenance standards are shown below. All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. 2. All private roadways, sidewalks, and open space areas shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travelways should be removed or repaired promptly. 3. Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that Exhibit A Resolution No. 4147 Page 6 a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare. e. Membership in the association shall be inseparable from ownership in individual units. f. Architectural controls shall be provided and may include, but not be limited to, provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as mechanical equipment, television and radio antenna, and signs, consistent with the Tustin City Code and the Planned Community Industrial zoning district. g. Parking controls shall be provided and may include, but not be limited to, provisions regulating vehicle and truck deliveries, vehicle and truck parking, loading and unloading activities, etc. h. The CC&Rs shall include provisions that are consistent with the requirements of the existing CC&Rs recorded on June 14, 1985, for the five building office complex. i. The CC&Rs shall include the provisions of joint/shared parking between 2492 Walnut Avenue and 2472 Walnut Avenue. Change to the joint/shared parking agreement shall be reviewed and approved by the Community Development Director. FEES (1, 5) 5.1 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) 5.2 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.