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HomeMy WebLinkAbout02 TPM 17342ITEM #2 TUST ~ N Report to the Planning Commission DATE: JUNE 22, 2010 SUBJECT: TENTATIVE TRACT MAP NO. 17342 APPLICANT: GREENLAW PARTNERS C/O DAN FIGUEROA 4440 VON KARMAN AVENUE, SUITE 150 NEWPORT BEACH, CA 92660 PROPERTY GRE TUSTIN FINANCIAL, LLC OWNER: CIO GREENLAW PARTNER, LLC 4440 VON KARMAN AVENUE, SUITE 150 NEWPORT BEACH, CA 92660 LOCATION: 17772-17862 SEVENTEENTH STREET GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS ZONING: PLANNED COMMUNITY BUSINESS PARK (PC BUS PARK) ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301, CLASS 1, OF TITLE 14, CHAPTER 3 OF THE CALIFORNIA CODE OF REGULATIONS (GUIDELINES FOR THE CALIFORNIA ENVIRONMENTAL QUALITY ACT). REQUEST: TO SUBDIVIDE A 9.62 ACRE PROPERTY IMPROVED WITH FIVE (5) OFFICE BUILDINGS AND ONSITE PARKING AND LANDSCAPE AREAS INTO FIVE (5) NUMBERED LOTS AND ONE (1) LETTERED (COMMON) LOT. Planning Commission Report May 25, 2010 TTM 17342 Page 2 RECOMMENDATION That the Planning Commission adopt Resolution No. 4149 recommending that the City Council approve Tentative Tract Map {TTM) 17342. Site and Location The project site is located on the southeast corner of 17`h Street and Prospect Avenue within the Planned Community Business Park (PC BUS PARK) zoning district and classified as Planned Community Commercial/Business by the General Plan Land Use Designation (Attachment A - Location Map). Surrounding uses include similar office uses located to the north across 17th Street and within the Professional Office (Pr) and Planned Community Professional Office (PC Pr) zoning districts. Commercial uses within the Planned Community Commercial (PC COMM) zoning district are located to the west of the project site across Prospect Avenue. To the south and east of the Tustin Financial Center are single family residential uses located outside the city limit, in an unincorporated area under the jurisdiction of the County of Orange. Tustin Financial Plaza, formerly known as Meredith Financial Center, was developed as a business park in the early 1970's. The Planning Commission adopted Resolution No. 1245 in 1971, approving Use Permit (UP) 71-370 which authorized the development of a business park of five office buildings. It is currently improved with fourtwo-story office buildings and one four- story office building totaling 155,858 square feet of floor area, and on-site parking, circulation, Figure 1. Surrounding Zoning Map Planning Commission Report May 25, 2010 TTM 17342 Page 3 and landscape areas. The buildings are currently addressed 17772, 17782, 17822, 17852, and 17862 Seventeenth Street. DISCUSSION AND ANALYSIS Tract Map Proposal Tentative Tract Map (TTM) 17342 is a request to subdivide an existing 9.62 acre property into five numbered lots and one lettered lot. The resulting map will create one parcel for each of the five existing buildings (numbered lots), and a sixth common lot (lettered lot) for the existing common access, parking, and landscaping areas. This will allow for each of the buildings and associated land beneath to be individually owned while ensuring access to the public streets and defining shared maintenance responsibilities. Common Lot The common/lettered lot is referred to as "LOT A" on the map for the benefit of Lots 1-5 for ingress, egress, access, and parking, and will be owned and maintained by the proposed property owner's association. Proposed Condition 4.1 of Resolution No. 4149 requires the applicant to submit a copy of the proposed Covenants, Conditions, and Restrictions (CCBRs) for review and approval by the City and City Attorney's office, to ensure that maintenance responsibilities are specified. The CC&R's will regulate, amongst other items, shared/reciprocal parking and access, shared maintenance and assessment, exterior improvements, etc. Additionally, a master sign program regulating exterior signage for the subject property and buildings was approved in 2008. Proposed Construction No building demolition or construction or site modifications are proposed in conjunction with the Tract Map application. The only construction that will directly result from the application is a minor reconstruction of both existing driveways at 17'h Street and Prospect Avenue. The reconstruction of these driveways is being conditioned (proposed Condition 3.7) by the City's Public Works Department in order to make these access ways to the site compliant with Americans with Disabilities Act (ADA) requirements. Also, due to the new property lines create by the proposed subdivision in relation to the location of the existing buildings, the Building Division has requested that Lot A be designated as no-build easement. So, no future structures would be permitted to be constructed on this lot. Additionally, proposed Condition 3.3 requires the property owner to dedicate approximately 40 feet of property along Prospect Avenue and 60 feet of property along Seventeenth Street to the City for roadway purposes (future widening). The widening of the roadways is identified in the City's General Plan Circulation Element; however, no current plans exist for the widening project, which could occur at an unknown time in the future. The resulting gross lot area after dedication is 8.54 acres. Review by Outside Agencies In accordance with Section 66453 of the California Government Code (Article 3 of the Subdivision Map Act), the local agency (City of Tustin) is required to transmit one (1) copy of the proposed tentative map to other local agencies having jurisdiction. As such, a copy of the proposed TTM has been routed to 17 outside agencies having jurisdiction over or a title interest in the subject property Planning Commission Report May 25, 2010 TTM 17342 Page 4 for review and/or recommendations. The City received written correspondence from one agency (Southern California Edison), which is included in Attachment C for reference. Southern California Edison indicated that the proposed map "will not unreasonably interfere with the free and complete exercise of any easements and/or facilities held by Southern California Edison Company within the boundaries of said map." Parking The subject development was approved in 1971-72 as a business park with site plan approval and no specific development standards or parking requirements. The current existing parking supply is 529 stalls. Since no changes are proposed to the floor area, parking areas, or type of uses, no additional parking is required. According to the applicant and City business license records, all tenants within the five existing buildings are general or professional offices users. Based upon the existing parking supply (which is not proposed to change), the future uses will need to remain general and professional offices. Medical or dental office uses, which require additional off-street parking per the Tustin City Code, would not be permissible unless additional parking supply can be identified and approved by the City (Condition 2.1). Proposed Condition 2.2 requires that a minimum of 529 parking stalls be maintained on site and that any changes to or reduction of on-site parking must be reviewed and approved by the Community Development Director. Environmental Review TTM 17342 is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1, Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act), which encompasses existing facilities involving negligible or no expansion of an existing use. Since the project involves a subdivision of existing commercial buildings where no physical changes occur, and no expansion of an existing use, the proposed Tract Map qualifies for the Class 1 exemption. FINDINGS The proposed subdivision map complies with the City's General Plan, the City's Subdivision Ordinance, and with the State Subdivision Map Act. The City's Public Works/Engineering Division has reviewed TTM 17342 and determined that it is technically correct. Further findings to support approval of Tentative Tract Map 17342 are included in Resolution No. 4149 for the Planning Commission's consideration. Reina Kapadia Elizabeth A. Binsack Associate Planner Community Development Director Attachments: A. Location Map B. Tentative Tract Map No. 17342 C. Received correspondence from outside agencies D. Planning Commission Resolution No. 4149 S1Cdd1PCRF_PORT20101TfhA t7342j17th 51},dac Attachment A Location Map LOCATION MAP ADDRESS: 17772 -17862 SEVENTEENTH ST. G~R0.9 Eli IY~dtl~.: ~' ~ ~~'I '~ 7:~G~~ °~'ENTATIVI~ °~RACT MAP, TUSTIN FINANCii~L ~L~,~~ O a _, 4'hYP[Yp!'NC lINPO~ -_ ~ L .. .~ _~ cf~+ 'i' - euan .. ~ g ~~ ~~ (CI~Oava GMRSNLI ~l A Ift YpOROww.Cwh~w.YLI V~~' __!~' '.ILI!C UII'1 1 ~r.~nra:n. -. ~!1 hlttl."L.i: ~.~ T"1- I IU41A vl::f A I Itlrylr r UYIfCP 11tF£k•ItN~nY L'r'urll Yl oR pLLtMPItN Ult. I IMLf RCC Y!Y _'~IAVLL UII IMPnLA PR. I'L ..t\t~,`,M I ~I ~~-~~ ~ VµUL1tUP ly, a ooasnn 53:.11 Attachment B Tentative Tract Map No. 17342 ~NTAGLARA TENTATIVE TRACT MAP N0 17342 . E~E~T ~ ~ sT ~ 177X81 IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA ~ ~ FOR CONDOMINIl1M PURPOSES SEVENTEENTH STREET ~ ~~q q Y' a ~ z ~ F (VA17ihBLE WIDTH PUBLIC RIGHT OP WAY) SIS OF BERNINCS) B ~ A ( 232.81' (S 80'50'56" W) 82') 122.89' r ( ' ~ O m 109. ) (551,74 ~ IRVINE BLVD. (S 88'+5'48" W) _ _ _ ~ - -~ - - - - - - G ~ _ _ _ '~ - N 88 50 20 E DRNEwAr TD BE cGNSrnucT6D ~~' P A cm aF riJ9nrl stANDnAD 9 N 88'45'JO E 11 A 109.52 11 ~ N oD'rd41" w zb DD' } Q VICINITY MAP N aD'la'1D^ w g 9 P <N rlo ztG 552 v ~ r-,'-,r-ri ~,/ /; 2s GD //// / // fl ~ ~ / ~ I ~ . ~ ~ ~ , ~ 7i ~ ~ ~ i .....•..- ~r, .~ ~ .. ~ ~ , naa ir~ //!G~/..14.1~ L -...pr.~ !~~ii ~~j~.y~~N ~ ce/7j/~~ii/~/;i // ~":v /~ / G . .i ~.~/, /~/ )/ i /i ii?r"/ U i ( i U / / ~i. ~ ~ . ~/~;. ~ ~/ iii 20~~ / "' / i : ~ ~ ~ v' LEGAL DESCRIPTION: ~ ~--~ / ~`~~' / r Z ~ ° , ,., ~ , ,/a i ~ ~,//,,, // ~ ~ z / ~ - r ~ ~ ~ PDmIDN of TwsH ~ ~ ~ ,. ,L .,. , ~ r i/ 4 ~/ 1HE LWD REFERRED 10 HEREON IB SITUATED IN TNF Citt OF 1U9TIN, COUNtt OF ORANGE, Si'ATE OF fAl60RNW ANU IS i~~ T~ _ I I I ~ 3 ,vas 6n0.ewF[ ~ ENCLOSURE FNCROALWING °° O B C OF ( -L DESCRIBED AS FOLLOWS: c (f F.A' / ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I ~ ~ ~ UP N PU AIGHI LI w WAY TO BE REMOVED. Q I I THAI PORTION OF iNf UND All01TE0 iD LEONOR YDRE9 DE ROW'L1NO AS OESCA18Ep IN THE FIN1l DECREE OF PARTAIDN OF ~~, T ~ r T "" ~ i THE RM'CHO SW1TW70 DE SANTA MLA WHICH WAS ENTERED 9EPTEMBER 12, 7868. IN BCON A, PAGE 410 OF JUDGMENTS OF 1NE DI9iRICf COURT of THE 171h JUOICUL 06TAICT IN AND fOR L09 NICdLE9 COUNTf, CALIFORNN, DESCRIBED hS FOLLOWS: ~ ~i (j ~ ~~ ~' BEGINNING Ai THE NOAihWESi CORNER CF TRACT 150, 2922 A9 PEA MM RECORDED IN BOON 101 ~j ) ~' PAGE6 47 AND 48, OF rv - nc. vevrva rw o ut vp I ~ I ~ I pRIVEWAY i0 BE CONSTR PER CRY OF TUSTIN ST PLAN NQ 210 I - - I 9'46 D - _ o ~ ~ ~ ~ ~ p Q g ^ ~ ~ v °~ ~ , ~ MISCELANEOU9 MAPS, RECORDS OF SLID ORANGE OJUNTY, SLID PORR OF BEGINNING BEING IN THE CENTER LINE OF ~ i /' - <~/ PR09PECT AVENUE THENCE nLONC 171E NORTFI LINE OF Sh10 TRACT NORiIi WHICH CEMER IJNE REARS NOATN 00'14'10' WEST _ - _ ~ ~ - ~ NA9'AY37 E 141.fi9~ ~ ~ ~ I - - _ _ _ - - ~ S89'4fi 16'W 14L71 5 C 61,85 - I Q T 1 3 APN: d0f-401-06 ~ g ~ - ~ ~ , . , , B9'45'73" FAST 861.27 Ff.EI 10 THE SOWHWESi CORNER OF TR1C7 ND. 4487, AS PER MAP RECCROEO IN BOOK 160 PACES '~~ ~'/ O ~w~~ ~ ~ irn' ~ ~ ~ I I I ~ tat t• _ ~ ~ ~ $ ~ 1 O AND I1 OF MISCELLANEOUS MAPS, RECORDS OF SMD ORANGE COUNtt, THENCE ALONG THE WEST LINE T}1EREOF N RTH ; ~ , ' ~ I ummiNe ~ _ S ~ 1 ~~ CO'12'39" WEST 68131 FEET i0 THE CENTER LINE OF 171h STREET AS SHOWN ON N9T MENTIONED TRACT; THENCE AONG ~ ~ i SAID CENTER LINE SOUTH 8650'56' WEST 109.82 FEET hND SOUTH 88'45'48" WEST 551.74 FEET TO SAID CENTER LINE OF 5 i~~ ~'~~~~ i ~ PRDBPECT AVENUE THENCE SOUT '10" E ST 64297 FEET TO THE PC1Ni OF BEGINNING 00' ~e ~ ~~ a~nuLUC z uroar sor+cao:/cLnss aour,ilc m~ + ( n,c nnv~.vn ) 5 I I n I ~m, ~~ z ,Tnc" cwtcrhtLluLnss am:ner, ~, .. ~ ~ ro S ~ < ~ ~~ ~", ~ n~n~:: , , H 14 A ~'~ / I ~ I 10 I II~- ~ ~ E%CEWING THEREFROM THE NORTHERLY 24.W FEET. ~ / ~ 26 ~ ~6 F ~ I I ~ _ LOT 2 ~ n - ~ 1X15 DE9CAIPTI0.4 DE9CRIBES ALL TH41 REAL PROPERtt DE9CAIBED IN 1HE TI1LE REPORT 1OEN11FIE0 A9 FlOEU7Y NATION4L ~~~~ ~ 1 1 I ~ 20,100 BF ~ ~ ~ _!/~ TALE COMPAM' COMMITMENT N0 07-725105870-OJ 0.1iE0 APRIL 11 2W7 a` - 10A6S 3F - I I ~ (D~46 AC) ~ I ~ L ~ J 4 , ~~ ~ , . , , (0 ~ ~j c i:~/~j~1il~ BASIS OF BEARING 1 ~_ - ~~- - ~ - __I - _'?t~ rx I(~ APIV: 4Dt-e0t-D7 : xi , • l I iM Ili N ~ (p 11 9~ ~ ~~ is THE BEARING NORTH 8650'20' EAST BEING THE CENTERLINE OF SEVELAEEMH 9iREET A9 SHOWN ON TFAC1 N0. 4687 Fnl ~ m I ` --- - n Fav-' ------~ Lq~ I ~ ~ ~ ~ FILED IN BO01f 160 PACES 10 TO 11 OF MAPS IN THE CAY OF TUSTIN, COUNtt OF OIUNGE, 51ATE OF CALIFOANIh Why ~ ~~'LE ~' ~ ~ I ~ }a ---- ---------- ------- ~ - A USED A$ THE BASIS OF BEARWOS FOR THI9 MAP, ~/ ~ ~ ~ ~ Izt Y I ~ ~ h y I I Tit V i hh> ~ ~, SITE AREA: ZONING, ~~'~' ~_--- ~ B 70.19 -~ ,' . ~I ~ i II ~ ' _~_- _ I --- g i( " AA EW T BE O S RUCiEO PER Cff I - 0 ~. E%19TINO GROSS L01 ARFk 418,248 SO.Fi. PC COMM - PLANNED CDMMONIIY COMMERCAL ~ ~~~~ j IY AY O 1 Y C N OF T0.STIN 9TM'CARD PUN N0. 210 _ - ~ I II N ~ F 1 - - - _ _ - E 1 Jr - - .-, - - ~ ' I ~ 0 T j 5 (982 ACRES) ,~,, PROP R T ~ / ~ ) X89 4250 73.2 ~ APN; 401-401-OB / OSED G 095 LO AREA: ]72,148 SOFT. ~ /r a{1!. (8,54 ACRESf COMMON LOT; W ~/ ;%i - PARKING STALLS; ///-f;"~' , LOT A 19 h COMMON LO7 PRONGED FOR THE BENEFlT OF LOTS 1 2 3 o ~~ ~ i~~~ ~ - ~ -- IIII IIII III ~= I o ws ~. ~~~ow6 a scour c~ucu[iLry~ass Numu+o ~ I - j )5 - W uNE DF rRAr,T Nu. 44Ba M t6o 1D-„ ~+ ~ w ~ 0 T , , , 5fl STANDARD 5TALL9 +, AND 5. LOi A SNALI BE USED FOR INGRESS, EGRESS, ACCE9S, AND „) ~- .~ ~~ 7 Z ~ ~( I ~ I I j ~ ~ ~ ~ 3 I THROUGH 5, L07 A 9NhLL 8E FULLY ,., ~i 12 HANDICAPPED BTALL9 PARKING 1N BENEFA OF 10 i~~ OWNED 6f THE PROPOSED PROPERM OWNER'9 ASSOCIATION (P0 4) i i(~~ ~ 8 III (- ( - ~ F , . a i j SA0 P44 $1X11 BE RESPONSIBLE FMt LWNTEFNNCF Of LOi A ~ ? 7i i F A ~ IIII ~ LOT 3 _ _ . y EASEMENTS, ~ o L-~ ~ ~~/ zaT u I, u _ ~ ~ ~-=_~ z4,9ss sF R - --- e ~ I ~A /,~ ~~~y (e, $ AN EASEMENT TOR STREET AND HIGHWAY AND MCIOFNI'hL PURPoSES TD COUNTY OF ORANGE, RECORDED AS 900% ~ ~ ~~~~ c ' + ' u) _ _ - - _ _ _ ___ __~ II . _ _ J I- ~ ~~c) 1, fo, ~ ~ I a ~ (e,iawc _ - ~ Q T 1 4778, PAGE 189 CF OFFICNL RECORDS, THIS REM 19 PLOTTED HEREON AND DOES AFFECT THE SUBJECT PROPERt1'. ~ i-. _-- --- -- - I < ~ ~~ ( $ ) I n Q AN EASEMENT FOR STREET AND HIGHWAY AND INCIDEMAL PURPOSES TO CDI1FItt OF ORANGE, RECORDED AS 800% ~~j~ 4178, PACE 174 OF OFFlCUL RECORDS. THIS BEM 1S PLOl1ED HEREON AND DOES AFFECT THE 9UBJECi PRDPEAtt, ~ m ~~i ". i ~f ~ a ~ I j Q I ~ I E ~ _ "' ~ :J 01 a - ~1- ~D AN EASEMENT PoA PUBLIC URLITIES RECORDED AUGUST 1B, 1972, AS INSTRUMENT N0. 19942, BOOK 10282, PAGE - I~~ ~~ ~ I ~ won' - ~? I BS ~ J 358, OF OFfICNL AECOROG~ 1X19 AEM 19 PLOTTED HEREON AND DOES AFFECT THE SUBJECT PROPERLY. L ~ ~ ~ i~ s ~/~% / ~ u I ' , AN FISEMENT FOA RIGNi OF WAY OF STREET, HIDHWAY AND ORAJNACE PURP09E5 TO CITY OF TU911N~ AECOROEO (( ~ ~ / - - I ' ~ I ~ ~es~ 'avv = _ _ m.u_ _ ~ ti ~ J I L : __-- ~ _ semaa_a~w ~2e~o5 - ~ ~- L O T 1 (j ~~ Q _ ~ /y ~ SEPTEMBER 27, 1972, BOOK 10315, PACE 849, ~ OfFICW. RECORDS, 1X13 AEM IS PLOWED HEREON AND WE9 I V J ° ~ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ ~ - ---- - ---- ---- ~ - ---= r APN. 4Di-^D1-D9 Z~ g ~~ AFFECT THE SUBJECT PROPERtt, -- - / ~ -- ------------------ - _ .-- ~ ,~/ ~ 2 1N F15EMENT i0 CONSTRUCT AND IMINTAIN AN UNDERGROUND WATER SUPPLY SY9TEM RECORDED APRIL 10, 1977, ` BOON 10677, PAGE 652, OF OFFICAI RECORDS THIS ITEM IS PLOIIED HEREON ANp DOES AFFECT THE SUBJECT ~ ~ ~ ~ ~/~ ~ _ I - - _ N89'a3'S2"E '22 ~ I I~ ~ ~ ~ ~ ~ I `v , I I x5 ____ _ 89'42 k1 1+1,a8' ~ ~ vm W Q Z PAOPERtt~ 1 ~ ~1, 12 i?i e' v ui.e~ - ~ ~ ~ ~, r L.L ~ ~ . ~ I I .c ravine 12 I I ~ - ~ I - ~L AN EASEMENT fOR TPAFFIC CONTROL DEVICES RECORDED 1PRIL 27, 1077, ROOK }2166, PAGE BBB, OF OFf7CL1l j ~ 13 i iU 1X15 REM 19 PLOTTED HEREON ANO DOES AFFECT THE SllBJECT PROPERTY RECORDS ' r i ~ ounnno ' I I I wxc cmrte fiver I I "~ I ewi~mrtc ~ ~ - - ~ . . i ~/ i (4 A PROPOSED RECIPROCAL ACCESS EASEMENT. 1X15 EASEMENT AFFECTS THE ENTIRETY OF PROPOSm LOT A ~ ~ (° , s~aae cavueerL/~nss euiw:raa q v( I I I I I r I- ~ s~arv uwtege¢7rLess e~ wan +j w _ ~ ~ I 8 ~ j S A PROPOSED ND-BUIIC FASEMEM. THIS FaSEMENT AfFECTS 1NE IHTIAEIY CF PROPOSED Ltli A. ~~~ ~ a ~ ~ LOT 4 ~ 19985 6F ~ A ` I 1~ ~ ~ ~ ~ s /~%~ n LEGEND: 'a ~~ ~ ~ ~ (0.48 AC) ~ I , ~ 7AT~OIE F ~ (eeJ ~cj I I (0.16 AC) `~ " -~ ~ ~ ~ ~ a ~" ~ o ~ ~ j 15 ar, nnvixc I ~) ) a - _ ° w BUILDING OURINE AC ASPFNLIIC CONCRETE j~ APN ASSESSOR'S PARCEL NUMBER ~ /~~7~~;% n w I i ~~~ - - - BuRDINC OJERHANO D DROP BOM Z /~~1i - ( B ~ ~ Pm ~ Il io ~iI '~ ~ ~ ~ ~ ~ 3 ~ STAMP: ~ . . CENTEAl1NE EV ELEOIRICA VAVIT ~~ /~i~`f„i. f0 ~ < ~~ ~ ~ ~ ~y~ I T °' ~ -------- FASEMENF FDC FIRE DEPARTMENT CONNECipN ~ i~ LOi LINE FH flRE HNAANT I b I ~ e ~ nu' ~ ; - - _ ~~ T ~ L H ~ ' I " t ~ ~" L _ 41, ~ v; .._ _- ~ - J ~ ~ ~ I -- TIE PW POST INDICATOR VPLIR %"T1 ` .S.L 4r1Y ~ L -~~_ - ~ -~~~~~ ~~- E E M N894B X89'49:9 141 ~' _ _ - - z PHO [ MNIHOLE /, / . -~~ ~ ~ 105.53 ~ ELECTR GL ~ VAULT MEI T E I 61.86 ~~ FlRE DEPARTM NT CONNECTNIN TSPB TAAFFlC SIGNAL PULL 008 ~~G ~ a.c. aavwc I 4 FIRE HYDRANT I ~ tt ttP C ~~ I w L ~ T 1 / ' ( P.) I AL / j ri LIOHTINC WV WATER 4ALVE ~ : POST INDICATOR VALVE %%~ ~ 2 t ~ o o APN: 401-+OI-1O ° - - fELEPfgNE MINHOLE AREA OF PROPOSED DEOiCATION iN FEE TO ~ ;~v~.'Y ~ Q u ~JJ~ a ~'~ TRAFflC 910N THE Cltt OF 1U9TIN h'OR ROADWAY PURPOSES / I I ~ ~ ~ Yn ~ DATE: ~ , ~1LlllIJ ~ WATER VALVE AT NU COA TD THE Cltt ~ % 1 I 0 OJ 0 r S y'"~ ~ - - / 8/1 AREA OF PROPOSED PUBLIC ACCESS EASEMENT TO ENGINEERtS STATEMENT; THE att DE TusnN AT ND co9T To THE cltt ~ v m a ro o 861.65' 9 45'50° W m p " N ~ SChLE AS SHOWN ° N7 o n '~O ~U~ FA o ~~ o ~ ~ M ~ ~ ~ N ° 1X19 14P WAS PREPARED BY ME OR OER MY OINECTgN AND 19 BA9E0 ON A FIELD SURVEY OWNER: PERFORM APRI 23, 2W7~ ( v~ O.. E) ~ ~ I rh ~ 1 ~ ~ `v ~ i I ~ I r~ ~ ~ DRAWN: CHECIfED: NG RL CAE TUSTIN fINANCUL liC p ~ I o ~ I,_, I ( ~ ~ ~ ~ I I- ( i M4D VON IURMAN AVENUE, SUI1E 150 tT FTC ° d ! ~'\ ~ 6 I ~ ~~ ° ~ ° O ~ ~ MAY 18 2010 ~ ~ JOA HUMAER: N80 ~3 ~ `}, / p NEWPORT BEACH, CA 92860 I O I f- ti (949)771-1700 v ° ,7 p z z ~~ a ~' ~ ~ ~ 2 a '~ ~ z MATTHEW KIA% ~ I ` a ~ " B 6 ONG Hl ER P.E. 51819 SITE ADDRESS: O C7 ~ ~ _ °' ~ $ J" 40 20 D 40 J a ~ sHEFTND. E%P,6/3D/2D10 W ~19 Z . IRACI N0. 7922 nss217TH 9TREEr rosT R c 78 CC ~~1 1tT Q M B. IQ1~47-48 " ' R , A sz D ~ a a 40 1 ~ 1 OF 2 9HELlS 9 ~7VIL ~~ ~~F CAL1FO~~ TENTATIVE TRACT MAP N0. 17342 IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALI FO R NIA FOR CONDOMINIUM PURPOSES ~ a PROJECT DESCRIPTION o ~ ~ TEN1A11VE TRACT MAP SUBDIwDINC THE ENISTING SITE IN70 6 n ~ SEPARATE LOTS FIXT PO1EN11AL INDIVIDUAL SALE 1HE LETTERED ~~~~ STREET L01 Yell BE THE COMMON AREA FOR THE EXCLUSI4E USE DF 1HE _ 2. 2. 7as4 za o0 3e D9 z le.oo 2'0 -- axa0 - 2'0 13s.9o 1e.99 ~ OWNERS ~ LOTS 11HRCUCH 6. rATR 9r IRAU[L c~~ ~ ~~~ TDS11H FINANCIAL PLAZA ADDRESS o 1 ~ : ~ %$GN ~ I ORiN B~I d1 SU N 2 ~ usH $ ~ S1REET 17B62 17lh S1REEi I ~ 1 IS I I a [NCl~6RE n CA 92780 N811N CA 92780 TUSTIN ~ , , CENTER BUILDING: ~ ~ z5 ~ 1 17822 171h STREET 8 ~ 2a9 0'9 S ~ 1 $ I n ~ WE51 BWLDING: TUSTIN, CA 92780 SOU1H BUILDING: 17782 171h STREET 118b2 17th SiRE€T ~` ~ ~ ~ ~ ~ 1 ~ 2 ~ ~ ~ 3 iUS-N, CA 92180 NSTIN, CA 92780 b ~ ~ ~ ~ g ~ NORTH BUROING 11 ~ ~ ~ ~ EAST BJINING; 1 I ~ p ~ ~ p ~ !o °o 2 171]2 Illh 9111EE iV59N, CA 92780 , 8~6H g 17862 17th SiREE ' iU911N, CA 92160 , ~, 1 SSS ~ ~ a ~ ' ~ ~ ~ ~~ ~ ~ ~' i CODE ANALYSIS ~ ~ ~ • 1 ~ ~ 1 , BUILDING OCCUPANCY: B 8 n ~ ~ 1 8 BWLDING USE: OFFICE BUILDING ~ CONSTRUCTION TYPE III - 1 HR. 7 I C RIERED SUB U~1~~ FDR I HR CONSTRUCTION SYSTEM ~ ~ , : ~ ~ : ~ j 7 ~ BU LDING CBC ~ 8 ~ I - _ PfiLURY • Wd aUE1NNC VAN ~ %iIMAAY OBA BUILONC I ACCESS ~ ~ 12 ~ ® ACCESS ~ F E i 1 XISTING >_OOR AREA: Y `~"~ " _ te _ t "' ~~~~~ 2 S ORY 140.00 S F ) 28 800 S f +~- ( g r ~ T . . . . , NORTH BUILDING: ~ iE ~ I I $ *~ J ~ ~ FAST BUILDING 2 5.09Y Ia,400 S.F,) 28,800 Sf. +/- ~ - _ ~7 I 1 I T N 1 1 16 Y * 300D CENTER BUILDING. 4 STORY (11,880 S.F.) 11,620 S.F. +/- WEST BUILDING 2 STORY (14,400 S.f.) 28,800 BE }~- ~ , li 16 t5 r-'+ 15 16 30,W 15 IS SlrUTH BWLDING ' ( I 28 S ~ rc w ~ ® I 1 C[N1EA Bw[olNC: o Apq uuR9N6 I rY 2 STD! 14 400 S.F. 800 f. +/- TOTAL O6MTi A Ep~, F 186 720 S }/- w w $ - lp 1 17622 110 S1REEr ACCE95 C~ 1 - , . , ~ 1 iU89N, CA 92780 ~ 1 - a - I 1 - - - ; 6 1 •o I - DENSITY w $ - I I - n ~ ~ 1 u 0 u a ® I ~ g $ ~ PROPDSEO NE1 LOT AREA 310409 SF 0.5'.1 FAR ~ 9 ~ ~ ~ ~ , - _ 1 ~ T - ~ I - Q a s W ~ 1 1 - - ~ 15 - V~ ~ 1 _ ~UND~H9 S - - PARKING SUMMARY: d 1 ACCE S ~ - ~ ~ _ "'"' ~ 1 I TDTAL BUILDING SOUagE FOOTAGE: 186,720 5,F, (,) Q - 30.00 ~ { ~ ~ } iDTAL E%IS11NG PARKING PR0410E0; 629 STAL15 ~ ~ ~ I ` ~ S S Z _.. _ _ _ - ~ 1 ~ ~ ~ 12 V ~ V I D APPLI ~ N II O ~ ~ - ~ ~ ~ ~ 1 ~ ~ ~ ~I ~ ~ ~ ~ ~ S CATION 5 iE PAAC ELS. APPLI INVOL NO CHANCE TO ME W ® EMISIINC BUILOINCS OR SITE AND NO CFIRNGE IN USE. R , NO CHANCE 10 1HE EX STING PARKING lOT IS THEREFDRE ~ lL BESr 9mLOIHC: vSwA V g ~ s9unl aui[DmD: FfiIUARr , I ~' 2 11792 Rlh SRi[EI • A 6 A0A AINLOINC ACC[ss ~ 17852 171h SMEEi o AOA aDIIAINC CA v2780 ACCESS 1usr~H REDDIRED Al THIS DME~ ~ Z 7V /~ UTILI I I SERVII ES - 921 5 1U57N C , - ~ _ i $ i xEST ~ n I [ s9mH o~ ~ w ~ Z F- N sreeTEe ~ wnTER aae~"ous omsaN ~ 1472 SERVICE ROAR TUSTIN, CA 92789 2 17 I ~ 157.00 ~ c $ ADA PARKINS SUMMARY: 10iA1 STANDARD STR4S 617 S1All5 A ~ ~ " w ~ 7N~57J.J375 8 ; - ~ ° ~ TOTAL AOA STALLS; 10 STALLS ~ STAMP: O~P~v~ - 3~,pp I TOTAL vAN ACCESSIBLE ADA STALLS; 2 STALLS CdUNOE COUNTY SawrAlbN DISTRICT 10a{1 ELLIB AVENUE FOUNTAIN VALLEY, CA 92108 - 17 ~ - p,pp L MIN 0 PA 81N : ALLS 3 711,9622111 9 ERN GU IFORNU E050N CONPI}N T I . 1325 $OUTtI CRANO AVENUE p 15000 0.00 JyO,~ 150.00 $ 9 ~ SANTA AIM, CA BOO.B55.a555 n . ~ g SOUTHERN CN_IFOANN C1S COMPAM' 2791 EpSi BIRCH SfREEf ,~v 69 I I S N ~ DATE: ~ ~ 03 09 10 BREA, CA 92821 714,529.2889 SCALE qS SHOWN 36.91 597.00 25.00 Gd9LE OAAWN: CHECRFOr TIME WARNER CABLE ~ NC RL 2020 NORTH DRANO AVENUE JOB NUMBER: SANTA ANA CA 92705 289-003 888.892,1257 40 20 0 40 ~ ~ NUMBER: ATN~T~ ® I~ 5 SHEET NO~ 2775 EL CAM1N0 REAL /~ TUSTIN, CA 92781 711.573,0500 L. ~ 2 of 2 SNF T g~ i Attachment C Received correspondence from outside agencies ". SOIJiHFRN CALIFUItNIA . E~isoN~~. Ru 1:!)IS'U.N hVTlill,'V;l'17U~N,IL'' Company RECEIVED SUN 0 S 2010 CoMMUNnY DEVELOPMENT DEPT City of Tustin 300 Centennial Way Tustin, CA 92780 Attention: Community Development Department June 8, 2010 Subject: Tract Map No. 17342 Recordation for Finance/Conveyance Purposes Only Please be advised that the division of the property shown on Tract Map No. 17342 will not unreasonably intertere with the free and complete exercise of any easements and/or facilities held by Southern California Edison Company within the boundaries of said map for recordation Finance or Conveyance purposes only. Prior to any construction, grading or future subdivisions within the easement area, consent will be required from Southern California Edison. This letter should not be construed as a subordination of the Company's rights, title and interest in and to said easement(s), nor should this letter be construed as a waiver of any of the provisions contained in said easement(s) or a waiver of costs for relocation of any affected facilities. In the event that the development requires relocation of facilities, on the subject property, which facilities exist by right of easement or otherwise, the owner/developer will be requested to bear the cost of such relocation and provide Edison with suitable replacement rights. Such costs and replacement rights are required prior to the pertormance of the relocation. If you have any questions, or need additional information in connection with the subject subdivision, please contact me at (714) 934-0808. i'- ~_~ Inc t_r•,='~-' __ +~-~~~.~, ~ T :' Steven D. Lowry ``-l`~ Title and Real Estate Services Corporate Real Estate Department Title and Real listate Services ?] it Walnut C;ruve ~1ve, 2nd Fluor Rus~rnead, Cn 91 770 Attachment D Planning Commission Resolution No. 4149 RESOLUTION NO. 4149 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP (TTM) 17342 TO SUBDIVIDE AN EXISTING 9.62 ACRE PROPERTY INTO FIVE NUMBERED LOTS AND ONE LETTERED LOT FOR THE PROPERTY LOCATED AT 17772 - 17862 SEVENTEENTH STREET The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Tentative Tract Map No. 17342 was submitted by Dan Figueroa of Greenlaw Partners requesting approval to subdivide an existing 9.62 acre property improved with five (5) office buildings and on-site parking, access, and landscape areas into five (5} numbered lots and one (1) lettered lot for the properties located at 17772, 17782, 17822, 17852, and 17862 Seventeenth Street; B. That the site is designated as Planned Community CommerciaUBusiness by the City General Plan which provides for a variety of industrial, office and commercial uses, and is zoned Planned Community Business Park (PC BUS PARK), which provides for business park and general and professional office uses. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That a public hearing was duly called, noticed, and held for TTM 17342 on June 22, 2010, by the Planning Commission; D. That 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. The proposed map is consistent with the General Plan and the PC Business Park zoning regulations. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and PC Business Park zoning regulations, in that the improvements are all existing and no new improvements are proposed. 3. The site is physically suitable for the type of development in that the development is existing as was originally approved. 4. The site is physically suitable for the proposed density of development in that the development is existing as was originally approved. 5. The tract map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat in that the development is existing and no improvements are proposed. 6. The design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems in that the development is existing and no improvements are proposed. Resolution No. 4149 TTM 17342 Page 2 7. That as conditioned, 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. E. That the City's Public Works Department has reviewed the map and determined that, as conditioned, it is technically correct. F. 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). II. The Planning Commission hereby recommends that the City Council approve Tentative Tract Map (TTM) 17342 to subdivide an existing 9.62 acre property into five (5) numbered lots and one (1) lettered lot for the property located at 17772 - 17862 Seventeenth Street, subject to the recommended conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 22"d day of June, 2010. ELWYN A. "AL" MURRAY Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4149 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22"d day of June, 2010. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4149 TENTATIVE TRACT MAP 17342 RECOMMENDED CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped [date of approval], 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 Approval of Tentative Tract Map 17342 is contingent upon the subdivider and property owner 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) 1.4 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) 1.5 As a condition of approval of Tentative Tract Map 17342, the subdivider 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 subdivider 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. 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. 4149 TTM 17342 Page 2 (1) 1.6 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 City Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9323 of the Tustin City Code. The Final Map shall be submitted at least 90 days prior to the expiration of the Tentative Map for review, processing, and recording prior to the expiration of the Tentative Map. Time extensions shall be in conformance with the provision of the Tustin City Code and State Subdivision Map Act. (1) 1.7 The subdivider 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) 1.8 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) 1.9 At the time of Final Map submittal, the subdivider shall also submit two (2) copies of an up-to-date title report. USE RESTRICTIONS (***) 2.1 The properties located at 17772 - 17862 Seventeenth Street are limited to general and professional office uses based upon the existing parking supply. Medical/dental office uses would not be permissible unless additional parking supply can be identified and approved by the Community Development Department. Any change in use shall be reviewed and approved by the Community Development Director. (***) 2.2 A total of 529 parking spaces shall be maintained on-site on Lot A of Tract 17342 at all times. Any change to or reduction of on-site parking shall be reviewed and approved by the Community Development Director. (1) 2.3 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 subdivider to provide immediate interim and permanent mitigation measures to be reviewed and approved by the Community Development Department and the Public Works Department. PUBLIC WORKS/ENGINEERING DEPARTMENT (1) 3.1 Preparation and recordation of a final subdivision map shall be required. The Final Map shall not include the language "for condominium purposes" since the proposed subdivision is not in fact for condominium purposes. Exhibit A Resolution No. 4149 TTM 17342 Page 3 (1) 3.2 Prior to approval of the final map, the subdivider is required to execute a subdivision and monumentation agreement and furnish improvement and monumentation bonds, all on forms acceptable to the City. (***) 3.3 The subdivider shall dedicate in fee title, at no cost to the City of Tustin, the appropriate corner cut off right-of-way at the intersection of 17t" Street and Prospect Avenue and the street rights-of-way along the 17`" Street and Prospect Avenue property frontages. (***) 3.4 The subdivider shall dedicate the appropriate roadway easement at the 17t" Street and Prospect Avenue driveways, at no cost to the City of Tustin, per separate instruments. The subdivider shall submit 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. (***) 3.5 Prior to approval of the Final Tract Map 17342, the subdivider 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 Seventeenth Street widening along the northerly property line. The subdivider 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) 3.6 The subdivider shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to, dedication in Fee Title of all required street rights-of-way; dedication of all required flood control right-of-way easements; and dedication of vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer (at no cost to the City) and/or other agencies. (***) 3.7 The subdivider shall design and re-construct the existing concrete curb ramps and driveways along Prospect Avenue and 17th Street to current Federal Americans with Disabilities Act (ADA) requirements and City of Tustin Standard Drawings. The subdivider shall submit to the Public Works Department 24" x 36" reproducible street improvement plans, as prepared by a California Registered Civil Engineer, for approval. The plans shall clearly show existing and proposed surface and underground improvements. (''`**) 3.8 The subdivider will be required, as part of the access ramp reconstruction, to design and install new signal loops at the easterly most driveway on 17t" Street. The subdivider shall obtain all approvals and permits from the County of Orange far the traffic signal work. The subdivider may be required to provide to the County of Orange a traffic signal equipment and maintenance easement at the easterly driveway. Exhibit A Resolution No. 4149 TTM 17342 Page 4 (***) 3.9 The subdivider shall remove and re-construct the trash enclosure along 17t'' Street out of the public right-of-way. (1) 3.10 Prior to issuance of an Encroachment Permit for construction within the public right-of-way, a 24" x 36" construction area traffic control plan, as prepared by a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, shall be prepared and submitted to the Public Works Department for approval. (1) 3.11 In accordance with the plans, a backflow prevention device may be required to protect the public water system from cross connections. A separate water meter(s) for irrigation shall be required. A reduced pressure principle Assembly (RPPA) shall be required to prevent cross-connection with the public water system. If all landscaping is maintained by one (1) association, then only one (1) meter shall be required. (1) 3,12 The subdivider shall also submit 24" x 36" reproducible water improvement plans to the Public Works Department for review and approval. The plans shall be prepared by a California Registered Civil Engineer and shall clearly show existing and proposed water improvements, as well as other topographic features and underground utilities. Plans shall follow the latest City of Tustin Water Standards and the American Water Works Association (AWWA) guidelines. In case of a conflict, the City of Tustin Water Standards shall prevail. (1) 3.13 The subdivider is responsible for all costs related to the installation, upgrade, alteration, relocation, or abandonment of all existing City of Tustin public water facilities affected by the proposed project. (1,5) 3.14 A written release/approval from the East Orange County Water District (EOCWD) shall be obtained prior to receiving water service from the City of Tustin. The subdivider shall submit a water permit application to EOCWD, and is responsible for all application, connection, and other EOCWD fees. (1,5) 3.15 The adequacy of a proposed water system plan for a proposed development project, including the number, size, and distribution of fire hydrants, must be reviewed by the Orange County Fire Authority (OCFA). Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. (1) 3.16 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before acceptance of the tract. (1) 3.17 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (**'") 3.18 Prior to any discretionary approval(s), the subdivider shall be required to Exhibit A Resolution No. 4149 TTM 17342 Page 5 demonstrate participation in the City of Tustin's Source Separation Recycling Program and submit a Facility Recycling Plan to the City of Tustin Public Works Department for review and approval. (1) 3.19 CADD Requirements - In addition to the normal full-size map and plan submittal, all final maps and 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 in computer aided design and drafting (CADD) format to the satisfaction of the City Engineer. The standard file format is AutoCAD Release 2007, or latest version, having the extension "DWG". All layering and linotype conventions are AutoCAD-based (latest version available upon request from the Public Works Department). The CADD files shall be submitted to the City at the time plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. No project bonds will be released until acceptable "as built" CADD files have been submitted to the City. 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, by the primary subdivider, 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 Provision assuring the continued availability of the number of parking spaces designated for common use and the availability of reciprocal access easements ensuring access to the public rights-of-way. 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. 1. All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, Exhibit A Resolution No. 4149 TTM 17342 Page 6 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 shal- 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 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. 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. FEES (1, 5) 5.1 Within forty-eight (48) hours of approval of the subject project, the subdivider 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 subdivider 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 subdivider 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.