HomeMy WebLinkAbout01 TENTATIVE TRACT MAP 17342TUSTIN
Agenda Item
Reviewed:
AGENDA REPORT City Manager
~ ~ Finance Director N/A
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RUILI)I Nt; OUR FUTURE
HUN URIN4 OU0. PAST
MEETING DATE: SEPTEMBER 7, 2010
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: TENTATIVE TRACT MAP 17342
SUMMARY:
Tentative Tract Map 17342 is a 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 maximum of 115 office units for condominium purposes.
On July 27, 2010, the Planning Commission adopted Resolution No. 4149,
recommending that the City Council approve Tentative Tract Map 17342.
Applicant: Greenlaw Partners,
4440 Von Karman Ave., Suite 150
Newport Beach, CA 92660
Project Site: 17772-17862 Seventeenth Street
RECOMMENDATION:
That the City Council adopt Resolution No. 10-80 approving Tentative Tract Map 17342.
City Council Report
September 7, 2010
TTM 17342
Page 2
FISCAL IMPACT:
The applicant has paid application fees related to this item.
BACKGROUND:
Site and Surrounding Properties
The project site is located on the southeast corner of Seventeenth 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 Seventeenth 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
City Council Report
September 7, 2010
TTM 17342
Page 3
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:
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
maximum 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 a
maximum of twenty (20) office condominium units, and the one (1) four-story building
would have a maximum of 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. 10-80 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 Seventeenth 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.
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,
City Council Report
September 7, 2010
TTM 17342
Page 4
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.
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). 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
City Council Report
September 7, 2010
TTM 17342
Page 5
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.
ANALYSIS
A decision to approve this request may be supported by the findings that the
establishment and maintenance of the proposed uses will not be detrimental to the health,
safety, morals, comfort, or general welfare of the persons residing or working in the
neighborhood, 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, as
follows:
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 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.
8. That the Public Works Department has reviewed the map and determined that it is
technically correct.
City Council Report
September 7, 2010
TTM 17342
Page 6
E nne V. Hutter
Associate Planner
Attachments:
A. Location Map
B. Tentative Tract Map No. 17342
C. City Council Resolution No. 10-80
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Elizabeth A. Binsack
Community Development Director
\\Cot-second`cdd-Na\Ctltl\CCREPORT2010\TTM 17432 (Office centlo) doc
ATTACHMENT A
LOCATION MAP
LOCATION MAP
ADDRESS: 17772 -17862 SEVENTEENTH ST.
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DIKE CONSUITNG ENGINEERS, NC. THIS DOCUMENT CONINNS COPYRICNIED MATERIAL AND CONFIDENTIAL TRADE SECRC/ INiORYAigN BELONGING E%CLUSNELY TO KE CONSUIfMIG ENCNEERS. NC. ANY IRWTROPo2E0 USE, gSCLOSURE, dSSEYINATKIN OR DUFiICATNY/ OF ANY OF LNE INFORMATION CONTNNED HEREIN IS STPoCTLY PAON161TE0.
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ATTACHMENT C
RESOLUTION NO. 10-80
RESOLUTION NO. 10-80
A RESOLUTION OF THE CITY COUNCIL APPROVING
TENTATIVE TRACT MAP (TTM) 17342 TO SUBDIVIDE AN
EXISTING 9.62-ACRE PROPERTY INTO FIVE (5)
NUMBERED LOTS, ONE (1) LETTERED LOT, FOR A
MAXIMUM OF 115 OFFICE UNITS, FOR CONDOMINIUM
PURPOSES FOR THE PROPERTY LOCATED AT 17772 -
17862 SEVENTEENTH STREET.
The City Council does hereby resolve as follows:
I. The City Council 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 maximum of 115
office units, as follows:
Address Max. # of
'Units
17772 17th St. ' 20
17782 17th St. '' 20
_ _ _
17822 17th St.
35
17852 17th St. '
__ 20
_
__
17862 17th St. '' 20
Total 115
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 on July 27, 2010, the Planning Commission adopted Resolution No.
4149, recommending the City Council approve Tentative Tract Map 17432;
Resolution No. 10-80
TTM 17342
Page 2
F. That a public hearing was duly called, noticed, and held for TTM 17342 on
September 7, 2010, by the City Council;
G. 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 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.
H. That the City's Public Works Department has reviewed the map and
determined that, as conditioned, it is technically correct.
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 City Council hereby approves 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 maximum 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.
Resolution No. 10-80
TTM 17342
Page 3
Jerry Amante
Mayor
Pamela Stoker
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN
CERTIFICATION FOR RESOLUTION NO. 10-80
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and foregoing Resolution No. 10-80
was duly passed and adopted at a regular meeting of the Tustin City Council, held on
the 7th day of September, 2010, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Pamela Stoker, City Clerk
EXHIBIT A
RESOLUTION NO. 10-80
TENTATIVE TRACT MAP 17342
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped September 7, 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.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTION
Exhibit A
Resolution No. 10-80
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 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.
Lot Total. Gross Max. # of
(Buildin Square: Feet Units
1 ' 28,800 20
__
2 __ _
28,800
20
__
3 71,520 35
4 28,800
__ 20
5 28,800 20
Total 186,720 115
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
Exhibit A
Resolution No. 10-80
TTM 17342
Page 3
shall be reviewed and approved by the Community Development
Director.
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. 10-80
TTM 17342
Page 4
(***) 3.8 The subdivider shall 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
Exhibit A
Resolution No. 10-80
TTM 17342
Page 5
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 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.
1. 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
Exhibit A
Resolution No. 10-80
TTM 17342
Page 6
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.
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 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.