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Home My WebLink About02 TTM 17342ITEM #2 TUSTIN Report to the Planning Commission DATE: JULY 27, 2010 SUBJECT: CONTINUED TENTATIVE TRACT MAP 17342 APPLICANT: GREENLAW PARTNERS CIO DAN FIGUEROA 4440 VON KARMAN AVENUE, SUITE 150 NEWPORT BEACH, CA 92660 PROPERTY GRE TUSTIN FINANCIAL, LLC OWNER: C/O GREENLAW PARTNERS, LLC 4440 VON KARMAN AVENUE, SUITE 150 NEWPORT BEACH, CA 92660 LOCATION: 17772-17862 SEVENTEENTH STREET GENERAL PLAN: PLANNED COMMUNITY COMMERCIALIBUSINESS 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, ON-SITE PARKING, AND LANDSCAPE AREAS INTO FIVE (5) NUMBERED LOTS, ONE (1) LETTERED LOT, FOR A TOTAL OF 115 OFFICE UNITS FOR CONDOMINIUM PURPOSES Planning Commission Report July 27, 2010 TTM 17342 Page 2 That the Planning Commission adopt Resolution No. 4149 recommending that the City Council approve Tentative Tract Map (TTM) 17342. BACKGROUND The proposed project was originally scheduled for the June 22, 2010, Planning Commission hearing. The applicant requested a continuance to address items included in the proposed conditions of approval. Accordingly, the Planning Commission continued the project to the July 27, 2010, hearing. The following are items brought up by the applicant. The following responses have been shared with the applicant and the applicant has indicated concurrence with these responses. Issue: Proposed Condition 2.1 limits the project to general and professional office uses and that no medical/dental uses would be allowed unless additional parking spaces are provided to accommodate the medical/dental uses. The applicant requested time to review their rent roll since it appears that there are several medical uses currently occupying some of the office suites. Upon review, the applicant discovered that there are five (5) medical-related uses. All of them are psychologists (PhDs) or psychiatrists (MDs) with one patient in each hour appointment. Staff Response: Staff also researched the business license records and found that there are five (5) current business licenses issued to psychologists. Psychologists are considered as office uses, but psychiatrists are considered medical uses. The City is not aware of any medical uses at the project site. Accordingly, it is proposed the condition remain the same. 2. Issue: The original proposal was to subdivide the existing parcel into six (6) lots, five (5) parcels for each of the five (5) buildings and one (1) parcel for the common area. The applicant however wishes to further subdivide each building into air-space office condominiums. Staff requested that the applicant provide the maximum number of units for each of the buildings to be subdivided. Response: The applicant provided the maximum number of units. Each of the buildings will have upon recordation of the condominium plan and proposed Condition 2.1 would limit the maximum number of units per building and the minimum unit size. 3. Issue: The applicant has concerns related to the proposed conditions of approval. The applicant requested clarification on conditions related to trash enclosure, temporary construction easement, and water improvement conditions. Response: A meeting was held to discuss this issue. Minor revisions to the proposed conditions of approval have been provided to the applicant, clarifying the intent and the applicability of the conditions noted- 4. Issue: The applicant indicated a desire to propose a "grid-patterned" office condominium plan instead of the conventional condominium plan. The "grid-patterned" condominium plan would subdivide the air-space into a grid pattern where an entity could purchase as many or few available grids to accommodate their needs. A conventional or traditional Planning Commission Report July 27, 2010 TTM 17342 Page 3 condominium plan would subdivide the air space into a specific number of units, thereby allowing each buyer to purchase only that specific defined air space. Response: Staff is concerned with the grid-patterned condominium plan since there are no controls as to the number of units that may be created, thereby perhaps creating unintentional intensification of the project site (i.e. the project site could be limited to 105 units with a minimum of 1,000 square feet per unit versus an unlimited number of units and no minimum unit size) While the applicant has indicated that this type of subdivision has been approved by other cities, this has not been commonly practiced. Until such ~~ time as the City fully realizes the potential impacts of the grid-patterned condominium plan, staff is not supportive of this method of subdividing. Site and Surroundings The project site is located on the southeast corner of 17tH 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 limits, an unincorporated area under the jurisdiction of the County of Orange. Figure 1. Surrounding Zoning Map Planning Commission Report July 27, 2010 TTM 17342 Page 4 Tustin Financial Plaza, formerly known as Meredith Financial Center, was developed as a business park in the early 1970s. The Planning Commission adopted Resolution No. 1245 in 1971, approving Use Permit (UP) 71-370, which authorized the development of a business park of (5) five office buildings. It is currently improved with four (4) two-story office buildings and one (1) four-story office building totaling 186,720 square feet of gross floor area, on-site parking, and landscape areas, The buildings are currently addressed as 17772, 17782, 17822, 17852, and 17862 Seventeenth Street. DISCUSSION AND ANALYSIS Tract Map Proposal Tentative Tract Map (TTM) 17342 is a request to subdivide, for condominium purposes, an existing 9.62-acre property into five (5) numbered lots and one (1) lettered lot, for a total of 115 office units. (Attachment B) The resulting map will create one parcel for each of the five (5) existing buildings (numbered lots), condominium units within each building, and a sixth 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 separately owned while ensuring access to the public streets and defining shared maintenance responsibilities. Each of the four (4) two-story buildings would have twenty (20) office condominium units, and the one (1) four-story building would have thirty-five (35) office condominium units. 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 (CC&Rs) for review and approval by the City and City Attorney's office, to ensure that maintenance responsibilities are specified. The CC&Rs will regulate, among 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 Improvements No building demolition or construction or on-site modifications are proposed in conjunction with the Tract Map application. The only improvement that will directly result from the application is a minor reconstruction of both existing driveways at 17th 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 proximity of the new property lines created by the proposed subdivision to the location of the existing buildings, Lot A will be designated as a no-build easement. Therefore, no future structures would be permitted to be constructed on this lot. Additionally, proposed Condition 3.3 requires the property owner to dedicate a portion of the property along Prospect Avenue, to the ultimate right-of-way of 40 feet from centerline, and property along Seventeenth Street, to the ultimate right-of-way of 60 feet from centerline, 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. The resulting gross lot area after dedication is 8.54 acres. Planning Commission Report July 27, 2010 TTM 17342 Page 5 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 for review and/or recommendations. The City received written correspondence from one agency (Southern California Edison), which is included for reference in Attachment C. 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, 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). As mentioned, the applicant was concerned with the proposed condition since five (5) of their current tenants are psychologists. Staff clarified that psychologists are considered as office uses, thus may remain and comply with the parking requirements. Psychiatrists are considered as medical office uses; therefore, they are not permitted unless additional parking is provided. 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(k), 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 office 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. ~ ~~ Ed ne V. Huffer Elizabeth A. Binsack Associate Planner Community Development Director Planning Commission Report July 27, 2010 TTM 17342 Page 6 Attachments: A. Location Map B. Tentative Tract Map No. 17342 C. Received correspondence from outside agencies D. Planning Commission Resolution No. 4149 17342 (17th SI) cnrfiinu~-0.dx Attachment A Location Map LOCATION MAP ADDRESS: 17772 -17862 SEVENTEENTH ST. C ~~~~+~ f ~~~ `~T~~V~i 'a~~~~; TI~I~TATIVE TRACT MAP, TUSTIN FINANCIAL PLAZA i _.._..^1~ ~f NEENAVEN i,.-~ ...,. _ ~ ~l-r I ill ~ ~ ~ ~'~ ~ _ ,. ~ I. ~ J 1J r ~ I ~ r,rl~~r:~r_ r i!lN:~:',1'. 3 VANUENkL•Rp ~__ rla ,.. ~ ~ ~~ ~~ ~ -\_t.. - 1 ._ ~. r.. N'::..Jl1i _swJp . _.<~ l_ . ~ . -6AiNA ..-..._.- S . .. J I.1 A I~ ~~ ~IVI NOC~O~xr.BwPruvNEi FN ~Uk nulkokk wt ~ 1iFrzlkEi wr f ~kukl~: ~N~:+~~ fY1E:11rItHrAY ,I.I, ~rl 111 :'TIAUEL Uk r~IPA4A UR, ~. W E3T pIJ Ik v~4UER4!1' i'~ 1 r ~~'GL.~tIC14Y Av 4 ~ J3471 S F9211 Attachment B Tentative Tract Map No. 17342 l ; GANTA CLARA TENTATIVE TRACT MAP N0 17342 ~ PROJECT . ~ STE ~ 17M6T IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA 0 FOR CONDOMINIUM PURPOSES a SEVENTEENTH STREET G91 a g ~ o (VARIABLE WIDTH PUBLIC RIGHT pF WAY) (OASIS OF BEARINGS) 81' 232 ' " ' r ~ O ~ ~ _ , wJ 50 (9 88 56 12@ B9' ' ~ UI ) 1109.92) ~ IRNNE BlVO, (551,7x (B 88'45'48" W) ~- ~~ - . - - ~- - S4 _ _ _ -~ N 865020 E - - DANNwAV m ~ roNSTRUCTED ~ N 86'45 3D E 11 8 109 52 N DO'lint" w 2s nD' ~ . VICINITY MAP N Da7e1D" w ~ ~ 11 $ PEa c1r L DFILnN~iio°iRO 552 t~' / ~-r r c-r r,.' r / ~ //~ -/ ~' r~~r,~~ ~'/i/ / ~i ~ ~ ~ / . I ~ ~ Y~~,~~ , //~/ i ~.~:r./vr ld~, : fi.~ /~/~j~ /~ 'P ~y ~~ ~~/ ~~~j/i r, i ,rs ~ ;L r~ ,; r //, r r 1uk J ~' i l /~ /r a -. / ~ _..:.~ ~ ~l lj / r / / ~ /z~fi7lwii? / ~~ ,~~j~/ ~ / ~ /' - ~ X81 Cf / r ~ :r q .r /~ r/i /i ~l, ~}' ,r rrr a-! //r n//mar rrl/ /'' // /ri /! ~//~l/ / , / ~/ //~ i LEGAL DESCRIPTION: / ~ ( ~ 7 ~ ~ „ ~~~ ,~, ,~, ~ , ,' r / ~/. r/r r~~ THE UND REfEARED TO HEREON IS SRVATED IN iNE Cltt OF NSTIN, COVNIY tir OPANCE, 57ATE OF OMIFORNIA AND 15 ~ ,}~ % r _ I I I (~ ¢ ~ rtAa rvemweE ~, m pORTIUH OF TRASH ~ ENCLOSURE CNCRDACH]NC ~ -1 o UPON PUBLIC RIGHT OF ~ w OESCAIAED AS fOLLOWB; I/ Yd/ i L /- y .~i r / I I E~ I~ ~~ ~~ THAT POA-ON OF THE UNO ALLOTTED TO LEONOA YORBA AE ROWUNO Ai DESCRIBED IH 1HE FINIL DECREE OF PARTITION OF ~~ i / I I __ - w WAY i0 BE REMDYEO~ a ~ T iHF RANCHO SAN11AG0 DE SANTA MIA WHICH WAS ENTERED SEPTEMBER 12 1858 IN BOON B PACE 410 CF JUDGMENTS OF ~' - '` I _ _ ° ~ , , , , THE OISIRICi COURT OF THE 17th JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNFY. CAIIFORNU, DESCRIBED AS FOLLOWS: ~~ % ' ~~ 1 J A.c. PAwxc ~r n a~.^xrry DANEWAY 70 BE CON51R PER CRY OF 1U5141 Si iE0 ~ ~ p Q g BEGINNING Ai THE NDRTHWESF CORNER DF TRACT N0. 2922 AS PER MAP RECORDED N4 BOOK 101, PACES 47 ANO 40, OF 1` r ~ f _ I ~1 I PUN NO. 21C I '4B' ~n g ~ EJ Q ~ ' MISCELUNEOUS MAPS, RECORDS OF Slib ORANGE COUNTY, 6AIO POIM OF BEGINNING BEING CJ 7ME CENER LINE OF ~ // ~~~ / PROSPECT AVENUE WHICH CEMEA UHE BEMS NORM 00'14'10' WEBL THENCE ALONG ME NORTH LINE OF SAID TPACT NORiN ~ ~ 1 - ~ N89'47'37 E I I 141.69' 1 - - a--r SA9'I6 16'14 1 1,71 APN; 401-alit-U6 , ~ OB'+S'3J" USi 661.17 FEET 70 THE SDUiNWE51 CORNER OF TRACT N0. 4187, AS PER M4P RECORDED IN BOOK 160, PACES ~rT;'~~{: a+^' ~ ~ I I ~ I~t'~ - ~ ~ I ~ $ ~ ~ 10 ANP 11 Of MISCELUNEOUS MAPS, RECORDS OF Sw0 ORWCE COUNtt, THENCE AIONC THE WEST LINE THEREOF NURTN '~1~ ~ ' ' " % ~ ~, ~ I I Un m ~ ~ u ~ W 12 J9 WEST 66xJ1 FEET 10 THE CENTER LINE OF 77th STREET AS SHOWN ON LAST MEMIONED iRAOi; THENCE MONG %~ ~ ~ SAID CENER LINE SOUTH 88'50'56' WEST IO9~92 FEET AND SOUTH 88'45'48' WEST 551,74 FEET 70 SND CENTER LINE OF , ri~~' ~; I ~ PROSPECT AVENUE fir, THENCE 60UfN 00'14'10' FAST BS2 97 FEET TO THE POINT OF BEGINNING i ~ ~.. . aLUOwo a ~~ruTV ~.onceerzKanss eu~youlc i ~ ~ .e. vnw;e ) S I N I ~s{ wn. m v nnA ~a cr;rLpans, eu~lm~lc - I - _ _ ~ ~ ~ W~ n 'O ~ ~5 ~ N nl ~ ~ , / . , ~ . ~ r ~ ~ ~ ~ 1 ~ I Ilw ~ ~ EKCEPIINC TMEREFAOM THE NORTHERLY 25.00 FEET. \ ':i ' ~ I _ - AJ I I m /ur ira~' THIS OESCRIPTpN DESCAIAES ALL THAT RE4 PROPERTY DESCRIBED IN THE iIELE REPORT IOENRFlEO AS FlDELIIY 1141101LM1L /j~ t ~ ~ ~ ;~ lAi 1 ~ ! ,0 F ~ I I I ~ I ~ LOT 2 SD~IW SF a / U;. / TREE COMPAM' COMMIIMEM N0 07 725105670 DJ W1ED APRIL 11 2007 n gp~066 Sp I (D ~ ~) , - , . /,r /i ~ / . - , ~i. _ (Odd AC) - ~ I ~ • " ~ (] 1 1 4 I ~r/'~. BASIS OF BEARING ~ / ~ I_ rr-~. I ~~ - - ~ Irn II~ ~ AFN: nD'~-401-07 ; ~1', %1;(% IF II$ I III ~ HII I I 12 II I ~ IJr I i N THE BEARING NORTH BB'S0'20~ EAST BEING THE CEMEAUNE OF BEYENTEENfH STREET A5 SHOWN ON iMCT N0. 44A3 'r`'" };t, i ~ EN I ro; /'---- ---~ 5-~--- --'-'"W 'P,v ~ r• PAGES 101011 OF M1P5 IN T USTIN, COUNTY OF DRWGE, STATE OF CAUFOANU WAS ~~) ' F - p ~ b ,_____ __________ ______ _ ~~ T USED AS THE B4S15 OF BEARWG5 FOR THIS MAP, r ~~ ~ % .: r% ~ z I ~z13' T i r ~ ~ ~ '+ I I ~ :~%~ ' ~ . I ' I 9'4T0 1 'W ~ n i u d _ - ~~NN~ d p . STE AREA; ~ a )ti_ S8 _ _ ~ .23 2 - j, ~I 'F' tB ~ DRIVEW AY TO BE CONBTRUCTED PEA CAY I ~ - I ~ EAISTWO CROSS LO7 AREA 418 2x6 50 Fi PC CO PI W ED CO 1Y C ~~G ~ I I I l I 0 T 1 5 : , , , • MM - N OMMERCML MM0Nf ~ 62 ACRES) r~~00 (9 OF NSTIN STANpq~ PLAN N0. 210 I -"I iv" _ _- -_ - _ NB~'42rti11"E i75 2d~ ~ ~ I L k y ~,{ g . FL // ' PROPOSED GR088 Ol RE 1 . APM n01-n01-OB ,N /( , L A A: J72,145 SO. (8,54 ACRE6) COMMON LOT, ~ - _ _ I~ I I~s~ I I - 15 - ~ c LLl ~ /,I' PARKING STALLS: ~'• >? ~ LOT A IS A COMMON 101 PRONDf.O FOR THE BENEFIT Of LOTS 1, 2 3 ~ 11 - - ~5.- I 1111 I I I- I- ~~ x"10'"~ 1 sorer caviceet¢YaLASS ouamne ~ I ~ i~ - - 4+. LwE OF 1RACT ND aaBO MB ,ao ,D-,1 g , , ~ 4, AND 5, LDi A SHALL BE USED FOR INGRESS, EGRESS. ACCESS, AND r,~. 517 sTANDMrD STALLS /' , , ~` G ~ i - )~ P ~I ~I ~ I I ' ~ 'I - IN BENEFR OF LO75 1 THROUGH 5. L07 A SHML BE FULLY .: ~~LLI / 11 HANDICAPPED STN18 PARKIN OWNEO BY THE PROPO6ED PROPERtt OW}gR'8 ASSOCWTION (PGA). ,~~ G ~r r SAID PD4 SIi4Lt BE RESPONSIBLE FOR MVNTENMICE OF l0T A W ~ it r `~ ~ A ,-~ ~ 111 I III ~ I- J~~ 1 ~ EpT J ~~ - - ~ ~ ~ EASEMENTS: 1 ;, ~~~ ~ .259 sF I ~ _ -- ~ - ~ 24,905 OF -__~ 0 07 ~ I A 7~D11 / AN FffiEMENi FOR STREET AND HICHNAY ANO tWCIDENTAI PURPOSES iD COUNTY Of ORANGE, RECOPOEO AS BOOR Q i r / x778 PACE 169 Of OfflCU1 RECORDS THIS REM IS PLOTTED HEREON AND DOES ffFECi THE SUBJECT PROPERtt - ~ (e. AC) ( . AC) ~ I ~ I ~ , ~ ,n . AN EASEMENT FOA STREET AND HICHWAP AND INCIOENFAI PURPOSES TD COUNTY OF ORANGE, RECORDED A8 BOOK rill' ~ ~ ~` < In a al I ; 1 ~ ro ~~~(~ x778, PAGE 1M Of OfFlCaL RECORDS. THIS ITEM IS PLOTTED HEREON AND DOES AFFECT INE SUBJECT PROPERTY. y 12 I I ~r bl AN EASEMENT FOR PUBLIC UFIUTIES RECORDED AllCllST 1B, 1872, AS 1NSiRUMENI N0. 18942 BOOK 10282, PACE i ~~ /~ 1 ~ W / ° ~ ~~ 1np.; ~ - I I I rA` I ~ 358, pF OFFICNL RECORDS, TIAS ITEM IS PLOTTED HEREON AND ODES AFFECT THE SUBJECT PROPERTY, ~ r Y.~ ~nS / %' , ~ t L 58934'a3:W L23 2Y I L S89'a4'43'W 228 05' tt ~n ~ ~ AN EASEMENT FOR AIGHi OF WAY OF STREET, HIGHWAY AND DAMNAGE PURPOSES TO CRY OF NGTIN, RECORDED L.L /~j~ '~ 1) ~ T ~` . . - - - - - - - - ~ - _ _____ v ~ ~ -- -~ ~~ . - j F.i L f) i ~1~ _ H% ~~ SEPTEMBER 27, 1972, BOOK 107x5, PACE 949, Of OFFgNL RECORDS. 1HIS ITEId IS PLOIIEO HEREON ANO DOFB AFFECT THE SUBJECT PROPERTY ~ %--~-- / ____ _______________~ - -.T-_-- - ------ --°---- - - --- - I pPN. 401-aC1-O9 ~ Z~ ~ , a ~ !~ I ~f O _ ~ ~~ ~ - I- ~ Q , AN EASEMENT TO CON57AUCT ANO MAINUIN AN UNDEAGPOJNO WATER SUPPLY Si9TEM RECORDED APRIL 10, 1973, S" (~ BOOK 196J7, PACE 652, OF OFFICUL RECORDS. 1195 REM IS PLO4ED HEREON AND DOER MFECT THE SUBJECT ~ r~ 5;j~{; ~ 1 _ ~ N89'a352 E ~22T 1 ~ I E I ,J ~', `~ I Lv (-5 - _ 89'x2 a1 I 1I1.4~' ~ UpO ~ W Z PAOPERTl, ~ ~ r;I' ' ° r ~i JZ 1e1~s I ~ I ac aAVrnc I I ~ tna ~ " IZ$ ~ ~ i AN EASEMENT FOR TRAFFC CONTROL DEVICES RECORDED A°All 27, 1977, BOOK 12168, PACE A98, OF UFFICgL I /( , _ RECOpDS THIS ]TEM IB PLOTTED HEREON M'D DOES IFFECT THE SUBJECT PROPERtt ~ ~ ~ ~ ~ ~ ewloma I . 12 I I ~cawc runeu P~ I ~ I o~nm~~Ne ~~ - - - ~- ~L . , G ~ ~ " ) 4 d PROPOSED RECIPROCAL ACCESS EASEMENT. THIS EASEMENT AFFECTS TIE ENTIAEtt OF PROPOSED LOT A. r ~~ y'~ - ~ ~ Ir ? 5roar ccucaett/o1,1<s aw~oz~e a ~I ~ I I ' II` I- I ~ soav ooNwcrz/CLASS emLnue rl ~ ~ F- _ I- //i. 3 // A PROPOSED NO-BUBO EASEMENL T S FASEMENF FFEC15 THE FM REIY OF PROPOSED OT A ;~ -J I I LOTQO I w q Z H I L . ~ A 15 /~~ b r,~ . ~ 5 - ~ LOi 4 IK,98! SF 5 (D u ~c) ' 1 A 2e ,~~ i F I I tiA9s~4F ~ (D.4c Ac) - L " ~" I F W ~ ~ ~' 3 (- LEGEND: 'd.~, y '; ~ , I p,IJ ~c) I 1 ,. ~ w BUIIJ)INO OUTLINE AC ASPf41LBC CONCRETE o / ~r'1' ~ ~ ° I ~ J j 5 ec cnwm I IJi J a c APN ASSESSOR'S PARCEL NUMBER ° %~/~' ~ I ° ~"' I w I !In J r; I I ~ ~ ~ ~ I ~ SJAMP; - - - BUIUANG CJERhNNO D.B. DROP BOK ; % /)%% - ~ - CENTERLINE EV ELECTRICAL vAULT ('); : / , .~ = ~ '~ ~ I I Ib ~ ~ ~ 1 g ~^ ~ m r d 8 -------- EASEMENT FOC FIRE DFPARTMEM CONNECTION ~,~~ 61 I i o i k LOT IJNE fH FIRE HNAANI ~ sl r I I I I ~ v O ; - - - - PROPEIRI' LINE MB MAP ROOK ti I ___~ __-__.~. ilE PIV POST INDICATOR VALVE ~,) -- -- ~' . i ~L 3B~J'19w 4T3L' - J - - ~ ~ IL J489'!S:OJ~_ 14141' _ _ N89'49 1. - "E I _ to - n ELECTRICAL VAULT ELE HOLE ~ PHONE fNiE DEPARiMEN1 CONNECTION 79PB TRAFFIC SIGNAL pUL1 BOK 105.53 , - I 88 6 I - ~ I % ~ u FIRE HYDRANT r A WMVp~) W n LIGHTING q Ar.. vAVINC l i i? T b L ~ T 1 7 o APN: 401-401-tO ~ POST INDICATOR VAL1~E R.L/p,~~ _ m * a e TELEPHONE MANHOLE AREA Of PROPOSED DEUICAlION IN TEE 70 i'v~n :%I,r , ~ ¢ a o TRAFFIC SIGN ® THE CITY DF TUSTIN TOR AOADwhY PURPOSES, ~~~/Ir ,, . ri ~ I tt Yn 0.1TE: y,, / • WATER VALUE AT NO COST i0 THE Cltt l 1 t. ,r(/~~j ~, AREA OF PROPOSED PUBLIC ACCESS EASEMENT iU - 03/OB/1° ENGINEER'S STATEMENT: rxE cI1T of TusTIN a No cosT TD THE mrY ~ ~ o v p ~~ 6 661.65' 945'50" W 1D ~ ~~~ As seowN g „~ iHlB IdIP WAS PREPARED Bf ME DR OEP MY OIAEC710N ANO IS BASED ON A FlEN SURVEY OWNER: ~ P~ ~ Ic7 a ~ I~ ! v1 ~ ~ ~ ~ ~ ~ ~ PERFORM APRIL 2J, 2007. L rn ~ ~ r^1 - ~ ~~ ( I I i I ; I r~ ~ ~ D- ~ J r I ~ i ~ y € DRAWN: CHECKED: NG RL GRE TUSTIN FINANCIAL LLC p ~ //~ 1, MID Y9N KAAMAN AVENUE, SUITE 16O I 1 r J J ~ ° J ~ o I I ~ Q ~ ~ ~ ~ ~~~~~ ~ q ~ a AY 1 8 201D ~ ~L JOB NUMBER: 2BD-OD3 ¢ ~ _ I Z I J ~V r ~ NfNPORT BEACM, CA B256D f~ • iYI ~ (Ax9) 331-1300 ~. ~ ~ ~ ~~ O ~ ~ ~~' ~ ~ p z MATTHEW NRtK ' Q $ ~ ` u OWC NVMBER~ ., (I} ^ P,E B, B,9 SITE ADDRESS: C7 ~'~~18 J _ ~ ~ < a 2922 40 20 0 40 TRACT NB SHEET N0. ~ EXP. D/JO/2D1o lL 1>e62 17rn stAFtT tL ~. ~01'1U ~ 1USTIN CA 92780 , M.B. I D1 /4J - ~~3 y , Al ~ ~ 1 OF 2 SN 9 41YIL ~~ ~~F CaLI~~~~ TENTATIVE TRACT MAP N0. 17342 IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALI F OR NIA ~ 1 FOR CONDOMINIUM Pl RPOSES ~ a PROJECT DESCRIPTION o ~ N ffNTATIVE TRACT NAP SUDUIVIDINC ME EKISIING SIiE INTO 6 n ~ 17TH $TREEi SEPARATE IOTS FOR P0iEN11AL INOIVIppAI SALE. THE IETffREO f 2 2 lava se~oo aa.oo zle.o° 20- a2.oo -7"° ~as.oa ae.oo ~ L01 V9LL BE 1HE COMMON AREA FOR THE EXOLUSUE USE O 1HE O'NNERS OF LO1S 11HA000H 5. ~ A E PAIN Of 1MVEL ' ~ NS11N i1NANCIAI PIA2A ADDRESS ' 1 ~ ~ : r'S1GN ~ ` I 12 9N NORTH BUILDIh'C: EA51 HNLDIr+G: ~ ~ ~ ~ 2a 15 1 A 11772 Ilfh STAEEi 17862 111h STREET ~ I tMCLasulE ~ n CA 92180 NS11N CA 92760 NS11N ~ , , CENTER HUILpIHG: ,~ 25 ~ I 17822 I71h S1REEi - $ ~ o,o0 6sa $ ` ~ $ 9a HEST 6UILOING, TUSUN, CA 92180 SOI11H 6UILUWG: ~ ~ g M ~ ~ 11162 Ilth S1REEi 11852 171h STREET r ~ b 2 J 1 NSTIN, CA 92760 NSTIN, GA 92760 Ys -,~ ~ ~ ~ , , S 6 ~ ~~ ~ H6R>N 9wcolHC 17 ~ ~ ~ ~ EASr r~m9NC, I ~ ~ ~$ n ~ 2 17772 Intl S1REE 105-N, G 92796 ' 9t~00N $~ 17892 17tR CIAEE ' NS-N, CA 92790 ~, I $ ~„ g ~ "'~ ~' ` n ~a~~ - t ~ ~ a i CODE ANALYSIS ~ : _ I BUILDING OCGUPANCY~, D $ u 1 $ BUILUING USE'. OFFICE BUILDING ~ CONSTRUCTION i1PE: DI - I HA _ 2 I7 ~ ~ . FULLY SPRINNLERED SUBSTITUTION GOR I HR CONSTRUCTION SYSTEM - c : t ~ ~ ~ ~ 1 I BUIIDING CODE: CBC 2007 - • $ I - %MNARY h0A 6UltpNC VAN ~ PAMARY N1A E0191NC 1 - - Af,CE55 ~ ®12 ~ ~I ACCESS ~ Y _ I _ _ EXISTING FLOOR AREA; - . __r _ _. __ _ __ ry ___ _ ~ ~ ~ ~ ~ ~ __ 6 4DDS F +/- NORiN BUILDING: F,} 29,800 5, - $ I I SA *~ ~ 'J Y 4 EAST BNLOINC: 2 STORY (14,400 Sf,) 2E,800 SF +J- o a 1 T n I CENTER BUILDMG~ 4 STORY (17,680 S,FJ 79,520 S.F. +/- ® I 1 I IS Jp 00 WEST BUILDING: 2 S10RY (N 400 S~F,) 26 BW S.F +f- 15 15 R ~ ~ ~ 15 IS 3i o,oa I S t5 , , SWiH BUII~ING ( i w ~ ® I 1 LarzR EMtaNC o A00. ~IL61NC I - _ . 2 S10RY 14.400 S,F 26600 S.F +/- i hl N IN A A: 186 720 SF I~ $ - 16 ~ 1 11822 171h SiNEEI . ttNrtR ACCESS ~ I - -- - _ , +/- , 4 j ~ 2 NSIIN, CA 92786 1 s~ a - - 1 - I - - - ~ A ~ ; - DENSITY ~ _ _ - - M ~ ~' _ - j p 0 EI N ® I 1 I _ _ $ - $ ~ PRC4'OSED NEi LOi RREA 370,§09 SF O.S:I FAR 8 a 2 I ~ g m - 1 I I - - Q - YAN® ; ~ A6h ° ~~s° ; _ _ - PARKING SUMMARY; C G ~ ~ ~ - ap,op - ~" "-" 1 9 I - 10TAL BUILUING SQUARE FOUi4GE: 186,720 S.F. tOTAI EKiS11NG ? RKWG FRONDED 529 ST S V Q Q - a6~6c ' ~ ~ } : A ALL U - $ 1 , R 8 ~7 ~ ~ I - Z - 1 ~ - ~, a I THIS PROPOSED APPLICATION IS ONLY SUBDINDING ME EAiSRNG ~ ~ Q - ,~ ~ ~ ~ ~ ~ ~ ~ I ~~ ~ ~-~ ~~ !~ SITE PARf,'ELS~ 11115 APPIICAi10N INUOLVESNO CHANGE i0111E ERISiING BUILDINGS OR SlIE ANO NO CHANCE IN USE ~ W asr vai - . , ORE HANCE TO THE ERI PARKING HER N PN 01 S ~ L - NEST Emmmc, 77 ruh S REE1 N > d6A BIIIIgNC o FRIUaRr s6urN aun6a2c, 11892 I71h STREET • AOA BNIDt~ , T EF O C S G l I REQUIRED Ai IiIS RME L 2 1 92 1 NN 7W 1 ^°r ss Ar~ESS msnN G 92796 . ~ Q Z UTILITY SERVICES us , cA 92 , _ , , g - 2 xESr 8tD4 17 ~ I ~ ~ a sours IL09 ~ ~- ~~/~ Wdff9 , ~ Z ~/! CITY OF TUSTIN ""~' °FE~TbNS a"s'°" lilt SER4ILE ROAD " s ~ ADA PARKING SUMMARY: ~ ~ ~ ~ o 1usTiN, cA 927eo 2 I5a.00 I TO T NDA STA S 6 7 T S ~ ~ 71 a.573.J37E $ ' - TAL S A RD LL 1 S ALL ~ - , N o TOTAL ADA STALLS: 10 STALLS ~ ~AMp; -19P6SAL sERt7CES ,~J.~ 1 ~ TOTAL VAN ACCES=HBLE AOA STALLS: 2 51AllS ORANGE c°uEm snNlTAnaN 61srRlcT AL M M 0 AKIN ~~ 9 AIIS 10944 Fll!5 AVENUE fOUHENN YALLEY, CA 92708 I I 17 200 714.982.7111 t7 ~U~R SO N CNJFORNM E0156N COMPANY 1]2S 560TH CFANO AVENUE - $ 150.00 0.0 0.94 15C.00 S - SANTA NN, G 960.658A555 ~ ~ n ~ 40 HERN GWORNM CAS COMPANY 2t91 EA5f BIRCH SWEET 83 ~ ~ ~ I ~ ~ ~ ~ ~ ~ ~ ~ IUTE. 03~09~10 9RE 8 A G 92 21 711,529.2999 I y~ 6 SCALE'. AS SHOWN fiA9LE d9.9a 5670° ~ ~ dUWN: CNECNED: TIME WARNER CASTE ~ N° RL 202° HORTN GRAND dVENUE JO9 NUMBER. SANTA ANA CA 92765 290-OOJ 898.BA2.215J 4O 20 D 40 OWC NUM9ER~~ Aikt 1 iPFhN~ ® 6 SHEET H0. 2775 EL GM9q REgI TUSTIN, CA 82782 714573,050° +~ B 2 OF 2 SHE Attachment C Received correspondence from outside agencies w ~ SOUINERN CA~ItC)RNIA EDIS~N" \n li!?Lti'O,w f;VPGIiN,4Y'lU,'V 11." ('unip;mV RECEIVED JUN 0 (] 2010 OOMMUNITY DEVELOPMENT DEPT City of Tustin June 8, 2010 300 Centennial Way Tustin, CA 92780 Attention: Community Development Department 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 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 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 performance 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. ~"4~ `J __ ... __ / I /' Steven D. Lowry ~-`" ~. Title and Real Estate Services Corporate Real Estate Department Title and Rival Gsrate 5rrviccs 21 i 11Vulnut Gruv~~ ;1ve. ?nd Fluor Rosrnx<td, C'A ~)177U 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 (5) NUMBERED LOTS, ONE (1) LETTERED LOT, FOR A TOTAL OF 115 OFFICE UNITS, FOR CONDOMINIUM PURPOSES FOR THE PROPERTY LOCATED AT 17772 - 17862 SEVENTEENTH STREET The Planning Commission does hereby resolve as follows: 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, on-site parking, access, and landscape areas for condominium purposes, into five (5) numbered lots, one (1) lettered for the properties located at 17772, 17782, 17822, 17852, and 17862 Seventeenth Street. That each existing building will be subdivided further into office condominiums for a total of 115 office units, as follows: B. That the site is designated as Planned Community Commercial/Business 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 the applicant requested a continuance and the Planning Commission continued the public hearing to July 27, 2010; E. That a public hearing was duly called, noticed, and held for TTM 17342 on July 27, 2010, by the Planning Commission; F. 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; The proposed map is consistent with the General Plan and the PC Business Park zoning regulations. Resolution No. 4149 TTM 17342 Page 2 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 or 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. 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. G. That the City's Public Works Department has reviewed the map and determined that, as conditioned, it is technically correct. H. The proposed tract map is Categorically Exempt pursuant to Section 15301(k), 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 for condominium purposes into five (5) numbered lots and one (1} lettered lot, for a total of 115 office units, and 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 27th day of July, 2010. ELWYN A. "AL" MURRAY Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4149 TTM 17342 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. 4149 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of July, 2010. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION N0.4149 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 July 27, 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 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. (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 SOURCE CODES (1) STANDARD CONDITION (3) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC1CC POLICY (4) DESIGN REVIEW *~`* EXCEPTION Exhibit A Resolution No. 4149 TTM 17342 Page 2 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 office condominiums are limited to general and professional office uses. Each building is limited to the following number of condominium units, and no unit shall be less than 1,000 square feet. 5 Based upon the existing parking supply, medical/dental office uses would not be permissible unless an 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. Exhibit A Resolution No. 4149 TTM 17342 Page 3 PUBLIC WORKS/ENGINEERING DEPARTMENT (1) 3.1 Preparation and recordation of a final subdivision map shall be required. (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 Seventeenth Street and Prospect Avenue and the street rights-of-way along the Seventeenth Street and Prospect Avenue property frontages. (***) 3.4 The subdivider shall dedicate the appropriate roadway easement at the Seventeenth Street and Prospect Avenue driveways, at no cost to the City of Tustin, per separate instruments. 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. (***) 3.5 Upon written notice by the City of Tustin, the applicant shall provide a ten (10) foot wide Temporary Construction Easement (TCE) to the City of Tustin for construction of future Seventeenth Street widening along the northerly property line, at no cost to the City of Tustin. The required TCE will not affect existing onsite parking. (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 applicant shall design and reconstruct the existing concrete curb ramps and driveways along Prospect Avenue and Seventeenth Street to current Federal Americans with Disabilities Act (ADA) requirements and City of Tustin Standard Drawings. The applicant 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. Exhibit A Resolution No. 4149 TTM 17342 Page 4 (***) 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 Seventeenth Street. The applicant shall obtain all approvals and permits from the County of Orange for the traffic signal work. ('`~'*) 3.9 The applicant shall remove the portion of the trash enclosure in the public right-of-way along Seventeenth Street and design and install matching landscape and irrigation within the parkway. The applicant shall design and construct a new trash enclosure masonry wall within the private property to match the remaining portion of the existing trash enclosure. (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 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) 3.12 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. (1) 3.13 Prior to any discretionary approval(s), the applicant shall be required to 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) 3.14 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. Exhibit A Resolution No. 4149 TTM 17342 Page 5 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 the Community Development Department for review and approval by the City Attorney's Office and shall be recorded with the 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. c. 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. 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. 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. Exhibit A Resolution No. 4149 TTM 17342 Page 6 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 Business Park 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,