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HomeMy WebLinkAbout01 TENTATIVE PARCEL MAP 2010-153Agenda Item 1 ~"" AGENDA REPORT Reviewed: City Manager Finance Director A MEETING DATE: MARCH 20, 2012 TO: JEFFREY C. PARKER, CITY MANAGER FROM: ELIZABETH BINSACK, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: TENTATIVE PARCEL MAP 2010-153 AND CONDITIONAL USE PERMIT 2012-02 PROPERTY OWNER APPLICANT KAMF TUSTIN, LLC KAMF TUSTIN, LLC C/O MARK M. MULLEN C/O MARK M. MULLEN KLINGBEIL MEDICAL PARTNERS, LLC KLINGBEIL MEDICAL PARTNERS, LLC 615 FRONT STREET 615 FRONT STREET SAN FRANCISCO, CA 94111 SAN FRANCISCO, CA 94111 SUMMARY: Tentative Parcel Map 2010-153 is a request to subdivide the three existing parcels containing four office buildings into four (4) separate parcels located at 13362, 13372, 13400, 13420, and 13422 Newport Avenue and 1101 Bryan Avenue. The subject property currently consists of four multi-tenant single story medical office buildings with two access points (one from Newport Avenue and one from Bryan Avenue) and on-site common parking and landscape areas. The proposed Tentative Parcel Map would create a condominium office complex to accommodate up to thirty nine (39) individually owned office suites. A Conditional Use Permit 2012-02 has been submitted for ajoint- use off-street parking plan. On February 28, 2012, the Tustin Planning Commission adopted Resolution 4189, recommending that the Tustin City Council approve Tentative Parcel Map 2010-153 and CUP 2012-02 (Attachment E). RECOMMENDATION: That the City Council adopt Resolution No. 12-24 approving Tentative Parcel Map (TPM) 2010-153 and Conditional Use Permit 2012-02. FISCAL IMPACT: There are no fiscal impacts associated with this project. The project is applicant initiated and all applicable fees are paid by the applicant. Resolution No. 12-24 TPM 2010-153 and CUP 2012-02 Page 2 BACKGROUND: Site and Surrounding Properties The project site is centrally located east of Newport Avenue, north of Bryan Avenue and south of East First Street with two access points, one on Newport Avenue and one from Bryan Avenue. The project site is 3.911 acres (170,363 square feet) in area and is located at 13362 - 13372 Newport Avenue (APN 500-131-01), 13422 Newport Avenue (APN 500-131-03), and 1101 Bryan Avenue (APN 500-131-10). The project site is known as Tustin Medical Arts and is located within the Retail Commercial District (C-1). This district allows for a variety of commercial and office uses. The subject property currently consists of four multi-tenant single story medical/professional office buildings totaling 47,396 square feet with on-site common parking and landscape areas. Additional parking is provided on adjoining parcels through parkinglingress/egress agreements. Surrounding uses to the north are restaurants including Chipotle and KFC, a liquor store and amedical/professional office building; to the south are similar medical and professional office uses, to the east are single family residential units, and to the west is Larwin Square shopping center with commercial uses (Figure 1). Resolution No. 12-24 TPM 2010-153 and CUP 2012-02 Page 3 DISCUSSION AND ANALYSIS History & Existing Approvals The project was originally developed as a medical/professional office center (Center) with six buildings located at 13362, 13372, 13400, 13420, and 13422 Newport Avenue and 1101 Bryan Avenue (Figure 1). A Parcel Map (PM 71-9) divided ownership wherein the medical/professional office building located at 13400 Newport Avenue and the pharmacy building located at 13420 Newport Avenue were sold to other owners. The three parcels consisting of the four buildings at 13362, 13372, and 13422 Newport Avenue, and 1101 Bryan Avenue remained under a single ownership. The subject property for this proposal consists of the four buildings on three parcels which were constructed in phases. The building at 13422 Newport Avenue, located centrally within the project site, was constructed in 1967. The buildings at 13362 and 13372 Newport Avenue located at the northernmost portion of the project site were constructed in 1969. The building located at 1101 Bryan Avenue was constructed in 1972. .. s ~ ® r1.. V-c Resolution No. 12-24 TPM 2010-153 and CUP 2012-02 Page 4 The original Center development, which consisted of the six buildings (13362, 13372, 13400, 13420, and 13422 Newport Avenue and 1101 Bryan Avenue), has reciprocal parking and ingress/egress agreements. These agreements allow all contiguous property owners the right of reciprocal parking and access to the adjoining roadways. All of the buildings which comprise the larger Center have continuously shared the parking lots which have been accessible from each of the parcels since approximately 1965. An additional agreement for ingress and egress over a strip of land at the Newport Avenue entrance was also signed by all property owners in 1975. This agreement allows access from Newport Avenue to all buildings within the three centers. Tentative Parcel Map The applicant, Mark Mullen of KAMF Tustin, LLC, is proposing Tentative Parcel Map 2010-153 to subdivide the three existing parcels containing four office buildings into four (4) separate parcels. The proposed Tentative Parcel Map would create a condominium office complex to accommodate up to thirty nine (39) individually owned office suites. No modification to the common shared or reciprocal access is proposed. All existing shared parking and easements will remain in effect; however, the applicant will be conditioned to provide and record Covenants, Conditions, and Restrictions (CC&Rs) which regulate shared/reciprocal access, shared maintenance and assessment, exterior improvements, etc. applicable to each owner of the individual condominiums. Resolution No. 12-24 TPM 2010-153 and CUP 2012-02 Page 5 The new parcel map for condominium purposes complies with the development standards of the Retail Commercial District (C-1) zoning district, including building site area and lot width, the City's Subdivision Ordinance, and with the State Subdivision Map Act. However, a Conditional Use Permit (CUP 2012-02) has been submitted as part of the application in order to approve joint use parking for the project site based on Tustin City Code. Pursuant to the City's Subdivision Code (TCC 9332), all required on and off-site improvements must conform to City standards, the Subdivision Map Act, and applicable provisions of the Code. The Subdivision Code requires that all existing and proposed utilities within the subdivision and along the peripheral street to be placed underground. Currently, the project site is served from aboveground utility lines located along the north and east of the subject property. As conditioned, the applicant is required to prepare for future undergrounding wherein electrical service serving the subdivision from existing power poles to the respective buildings must be placed underground and the inadequate and unpermitted electrical connection must be upgraded for compliance with Building Code. Although the owner recently slurry sealed the parking lot, it does not meet City standards. To meet City standards, the entire parking lot be scraped to the base/grade, compacted and replaced. Tustin City Code Section 9332 (Improvements) requires that improvements be completed or that a subdivision agreement with the property owner has been recorded prior to recordation of the final map (Condition No. 2.1). The subdivider must also provide one (1) trash enclosure per parcel. The parcel currently contains a single trash enclosure on one of the parcels. This requirement would ensure that a minimum of four trash enclosures are provided on site pursuant to the City's Trash Enclosure Standard to accommodate at least two (2) four (4) yard bins per trash enclosure on the property, with at least one (1) bin reserved for recyclable materials. The applicant requests waiver of the one trash enclosure per parcel requirement from the Public Works Department. The City Public Works Department Administrative Services Manager and the City's trash hauler, CR&R are currently assessing the service demand and data to determine if the waiver can be granted. Conditional Use Permit 2092-02 Joint Use Parking A total of 181 parking spaces are located on the project parcels and an additional 79 spaces are available through the shared parking agreement. A total of 260 parking spaces are available throughout the Center. The Tustin City Code requires medical/dental office uses provide 1 space per 250 square feet of gross floor area for the first 4,000 square feet plus 6 spaces per 1,000 square feet of gross floor area in excess of 4,000 square feet. The site is improved with 47,376 square feet of offices, thereby a total of 277 parking spaces are required. Resolution No. 12-24 TPM 2010-153 and CUP 2012-02 Page 6 Section 9264a of the TCC allows for a reduction of off=street parking requirements with an approved Conditional Use Permit and subject to specific findings for parking facilities that are jointly used. Therefore, the applicant is applying for Conditional Use Permit No. 2012-02 for a reduction of off-street parking requirements based on the actual parking demand. A joint-use parking study dated February 9, 2012 (Attachment D), was conducted by Austin-Foust Associates, Inc. which provided parking counts and a parking analysis. The parking demand study was conducted over three week days in January and February 2012, to determine the peak parking demand of the project site. Based on parking demand surveys, the typical peak parking demand is 66 percent to 97 percent of the available spaces on the three parcels (181 spaces) and 76 percent of the available spaces (260 spaces) between the subject properties and the shared parking site. Based on the .parking study and supporting on-site parking count assessment, the study indicates that adequate parking availability was observed and the Center parking lots provided more than enough parking spaces demanded by the existing tenants and uses. The proposed project consists of converting the existing suites from rental to individual ownership, therefore, the uses remain essentially the same as they exist today and are not anticipated to increase exponentially. The existing parking demand is well below the available parking, both on the subject parcels and inclusive of the Center's shared parking parcel. As conditioned, the applicant will execute a reciprocal parking agreement to ensure that the number of required parking spaces for each property is provided. Environmental Review Pursuant to Section 15315, Class 15, and Section 15301, Class 1, of the California Environmental Quality Act (CEQA), TPM 2010-153 and CUP 2012-02 are exempt from the provisions of CEQA since the project involves a minor subdivision involving four (4) or fewer parcels that are in conformance with the General Plan and Zoning, no variances or exceptions are required, and all services and access to the proposed parcel(s) are available, and the proposed uses involve negligible or no expansion of an existing uses within an existing office facility. CONCLUSION Tentative Parcel Map 2010-153 to subdivide the existing medical office suites into four (4) separate parcels and units for individual sale of up to 39 medical office condominium suites and Conditional Use Permit 2012-02 for a joint use off-street parking are consistent w/ the Tustin City Code, Subdivision Map Act, and the appropriate conditions of approval are provided to the City Council as they appear in Resolution No. 12-24 (Attachment E). Resolution No. 12-24 TPM 2010-153 and CUP 2012-02 Page 7 Amy N rnch, AICP r Senior Planner Elizabeth A. Binsack Community Development Director Attachments: A. Location Map B. Land Use Application Fact Sheet C. Tentative Parcel Map 2010-153 D. Parking Study Dated February 9, 2012 E. Planning Commission Resolution No. 4189 F. Draft City Council Resolution No. 12-24 ATTACHMENT A LOCATION MAP J f ~4 °o o ~ oo.. ~ o - __ o O ~ Q 4 r~ ~`~,~ O ~ ~' \\ a ~;,.- ' a a~ Q U c X 1.() a rn 00 of M N U a ao N r O N "C7 Rf 1 ti~ , ~`~ ~~~4 ~ \ t ~ '~~ . /~ ~'T .'`r ` ~ . i ~ ~( ~ ~ ~~ ~, .,, ._~ ., i' u`, ~/ } i ~ f r ``~~ i vr~ !fir ~~ _`~,SIb j /~, % ' ~•. I / ~' ,,~ :: ~ ~` .~" z u /~ '~ ' T ~ N U ~ Z M ~ ~ ~ ~ Ll. 0 ~ V v r ,1 ~`1~. ~~ ~~ . ~ ~ - ~ti. `~' R ~ ~` .`~~ ~~ ~.~ s1~1 p~~ Ct. (J1 ~ ~ C1. J ~ ~ _] CL C~ C ~1 , ¢y ~ W ~ Q~ 4r ~ ~ [C (~ 7~" [~ J C!K( U! C X r. {. Ad ~i c a` 3 t s a g~ F 4 ATTACHMENT B LAND USE APPLICATION FACT SHEET LAND USE APPLICATION FACT SHEET 1 LAND USE APPLICATION TPM 2010-153 and CUP 2012-02 NUMBER(S) 2 LOCATION: The project site is centrally located east of Newport Avenue, north of Bryan Avenue and south of East First Street with two access points, one on Newport Avenue and one from Bryan Avenue. The primary project site is 3.911 acres (170,363 square feet) 3 ADDRESS: 13362, 13372 Newport Avenue {APN 500-131-01), 13422 Newport Avenue (APN 500-131-03), and 1101 Bryan Avenue {APN 500-131-10) 4 TRACT 361 5 APN{S): APN 500-131-01, APN 500-131-03 and APN 500-131-10 6 PREVIOUS OR CONCURRENT PM 97-1 APPLICATION RELATING TO THIS PROPERTY: 7 SURROUNDING LAND USES: North- restaurants including Chipotle and KFC, a liquor store and a medical/professional office building South -similar medical and professional office uses East -single family residential units West - Larwin Square shopping center with commercial uses 8 SURROUNDING ZONING North -Retail Commercial (C-1} DESIGNATION: South - PC Commercial East -Single Family Residential (R-1} West -First Street Specific Plan 9 SURROUNDING GENERAL North -Community Commercial PLAN DESIGNATION: South - PC Commercial/Business East -Low Density Residential West - PC CommerciallBusiness 10 SITE LAND USE: Existing- The buildings are currently used for medical, professional and general office use. Proposed -Same General Plan -Community Commercial 1 LAND USE APPLICATION FACT SHEET Zoning - C-1 PROPOSED GP: Same PROPOSED ZONING: Same DEVELOPMENT FACTS: 11 SITE AREA 3.911 acres (170,363 square feet) 12 BUILDING LOT COVERAGE MAX. PERMITTED: Less setbacks PROPOSED: No changes 13 SITE LANDSCAPING 18,626 sq. ft. 14 OPEN SPACE: NIA 15 PARKING REQUIRED: Medical/dental office uses provide 1 space per 250 square feet of gross floor area for the first 4,000 square feet plus 6 spaces per 1,000 square feet of gross floor area in excess of 4,000 square feet (277 required). PROPOSED: Section 9264a of the TCC allows for a reduction of off-street parking requirements with an approved Conditional Use Permit and subject to specific findings for parking facilities that are jointly used. Therefore, the applicant is applying for Conditional Use Permit No. 2012-02 for a reduction of off-street parking requirements based on the actual parking demand (181 available on-site). 16 BUILDING HEIGHT: MAXIMUM: 35 feet PROPOSED: No change 17 BUILDING SETBACKS REQUIRED PROPOSED FRONT: Zero No Change SIDE: 10 feet when abuts Residential No Change REAR: None, 5 feet when abuts Residential No Change 18 OTHER UNIQUE CONDITIONS Reciprocal parking and ingress/egress agreements ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC. ) 2 ATTACHMENT C TENTATIVE PARCEL MAP 2010-153 t~' !~ y, .F _ ____ .. ____ _. _____,.. w --~-g V- 111 a,n, - - 1, - --- ~ - - ~ - -~- - - ---~ - -- ' j 1~ ~: ~ ,NEWPORT y AVENUE SPVBIiC) ~ ~ _^ ,~ I ~;l I j ~ ~ III ~I ik~ ; i .x~., 8. ~ >I l a 1 1 ~j ~~ I j ~ a ~ x ii ~ ~ b ~ ~ ~«g f ~* / -____ - a !V i~ ii ~ °n it ~ i; ~ ~ ~ , I~ I '~~ ~ ~ °I I~ ~ ,_ ~ ~il~ ~I I~ m~ ~ I o l ~ ° ~II~ i w~ o ~t Y~. j ~~ m s° II ~ I ~ $ ~ ~ r~ 8~ I ~ II ~ ~ i ~ ~~ ~ ~~' o- I ~§ m z (_ ~ p II a a . m ~. > .y ~ ~ I ~~ ~ ~ ~ ~px I ~ ~~x '~ ~_ ~ ~ ~~ a } ~ ~ ~ 1 ( I ~ ~ ~~ ~. I ~, I ~ __ 1 1`32 ~ ~r Inc ~ ~ ~ ~ ~~ ~ b 1 ~ ~ j~ el i~ ~ zo ~_ ~ m „off - '~ x n I I I ~ ~.~ `~ I ! 1 ~ ~ ~ i j ~~ .... ~ I'°a~ 1 ~ -, S 1 t ~ ~ ~ ~ ~ ~ 2 0 G '^ ~ _ n ~ /. fi ~ j ~ ~~ 02 '. K a~~ U 1 n I ~, - H ", ~ H im? , / _ n4 .. I tom, ',, '-,~-sr r- '°'~ ~, , _-.-~, ~ ° ~ .. ;_,__ "~y a cr. a ~a ~ ~ -P ~ ~ - - _ ~' t~ ' m i 1 ~ ~~.~ Z E rt ~ - c~~ a 1 ' 1: t.. P'eR t ~ d __.~ 1~ S II A 1~ ~, 3 j& ~ ' i ~ o ~ ..ms o ~ ~ r~~~'; ~ a ¢ 1.. i ~ ~- _ ~ ,. ar _- ~ __ f m 1 ~ ~ ,~~~ = .; R - -~ n ~ ~~- - ~~ ~- 1 ~- „~- ~; L._ ~ ,IS -r - --~- ----~--1--- ~ -~--~-- - 3.ff- ~- .- , a .. _ a. ~~.._ ~, , - ~ - -~--~~- ~ - - - '~N -` ~-,1'ly 2 --0.181.18 A,P,N 9QR-l81-19 APN. ~l81-24 _433121 ~ Z HOPPER JJI:M1LOG 600.E RJtiES ~-...-„-~TSES IAC PC....,.5 ~'-tRQA 6RZltO JOSEPH B8R^DQ0.Dd BURNS KLItEN6 n-,vDAYN ~v _ ZONE: RI m °R+ t hg~ ~ j § r j E g ' p Y ® _ _ I~ ~ ~p~j~ o ~ ;~~~ ~ Viz. K ~~: _~ f~T ig - a te~Zji~~j 4 1 9 ~ ~ h\+~ ~ i H ~' Q'L '.. 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W ~ .~-_- ___ o _ .. ~~r _ - .,.rR.~~,~n ___m __ -. - o ~ ~~ o~ ~~ ~ ZONE: kl ~j H ~""^ ~~~ ~'~ GtND USE: L6R ^? ep _~ ~~~ ~~ I ~ a P ~"' a ~o ta'r Cn x 8 m n~ {- y~9 a a ., 4 __ ~_. ~~~ ~xp~n e ~. ° j G ~~ ~ i > r"". } y jr~ ~j56~~1~ - ~ °~ r1 ~\ w 2 ~Y ~ yIo r q !d r 4 ~, ~ ~- - b j n ~ ea" 1 9.~., ,. .--m `~... ~~ ~~o~s~5~ ~g° o~".. _~~~ z ~ ~ gy ~ ~ £ ~ r--~~~~~ µ y~ °~°~ ~ ~~ " ~ =imp 'n" o99a? ~ \j ~~ ~~~n l~ ~~w ~~" ~s~g~% a~~g~ ~ ~ (D ~ F "^ ~ ~~ ~S ~.~_ "' ~~'S° o °g ~ ~ °~~" ~ € g5i ~~~~ ~ ~ Vld ~~ ~ ~_~ ~~ ~Rg ` ~°$ ~~ ~, '• ~ o~ a ~~ ~ ~' n vr~ ~ x ~I ~~. ~_ ~ m ~a I~ I ~~ ~ ~ ~ ~ g~ ~ ~>~° ads ~ ~ ro ~i ~~ ~ ~ ~ m~~ a ~~ ~a ~ a~ ~ ~ 'I ~ ~., ~ ~ s ~ $ ~~~~~ ~ ~ ~^e~ ~ ~~a ~~~M F E" ~~~ ( ~ gin ~ ~ ~ ~ "' ~ o a~ ~ ; ~ S ~ ( x 2 i ~ g ~ g I ~ . ~ ~ ~ ~ ~ ~I i I ~ i ~ ~ ~' ~~ ~~ ~g ~a£ B~~ ~y R`x W2z ~n gg 4gQ = s ;~ Rg~~ ~A~E~~~~ ~~~g~~,-. ~~-~8~~&~"~~~9~~°~'67o~9~w g^~g~6 ~" CC g~ - ~~_ ~~~I~~~i~~ ~ ~ "'off ~ R~~p ~m~ Qo~ ~ ~ ~ 4 ° cgs ~ ;~~,~pz ~~,~~8~~< € ~ ~z~ ,"mm~~m'Y ~~ £g~ s~8", ~~ A qo6 ~ rws.~Y.."a~" r '" R~8 0 z a~ ~~~ ~ s ' :6A' o g ~g°~ ~ ~"o gRr m~ ~~~ ~ ~-u ~'}' ~u o Rx',° z~ ° ~ om Q~~ ,~ ~Rn~ q ~8 dim g6m ~~ z :°' `..,,r l ~€ ~'', ~ ~ a ~~ ~ ~ ~~ ~°' ~~ ~~ ~ ? a~ ~s~;n ~~ s~~~ ~~~ ~ ~ ~~`~ € =SN> ~ ~a~ ~~~~~ ~~ ~ I I ~ `~, '"~ ATTACHMENT D PARKING STUDY DATED FEBRUARY 9, 2012 City of Tustin TUSTIN MEDICAL ARTS MEDICAL OFFICE BUILDINGS (13422, 13362,13372 NEWPORT AVENUE AND 1141 BRYAN AVENUE) SUPPLEMENTAL PARHING STUDY Prepared by: Austin-Foust Associates, Inc. 2223 Wellington Avenue, Suite 300 Santa Ana, California 92701-3161 (714) b67-0496 February 9, 2012 TUSTIN MEDICAL ARTS MEDICAL OFFICE BUILDINGS SUPPLEMENTAL PARKING STUDY Tustin Medical Arts Medical Office Buildings situated at 13422 Newport Avenue in the City of Tustin is proposing to subdivide three parcels on the site for commercial office condominium purposes. Austin-Foust Associates, Inc. (AFA) prepared a parking study (September 2011) in support of the project's application. The current site has existing reciprocal parking and access agreements in place and the proposed conversion to office condominiums will not change those pre-existing conditions in any manner. During staff review of the project, a question was raised regarding the number of spaces provided on each parcel as well as the peak parking accumulation. This supplemental report addresses that issue. ANALYSIS The original parking study collected parking accumulation on a hourly basis for three midweek workdays (Tuesday through Thursday) from 7:00 AM until 6:00 PM. The parking lots were broken down into subareas for analysis and reporting purposes. However, these parking zones did not correspond with the individual parcel lines. As a result, the parking zones were subsequently redrawn to coincide with the parcel boundaries and additional parking observations conducted. Since the previous parking accumulation count data clearly indicated the peak parking demand routinely occurs at 11:00 AM with a lesser peak between 3:00 and 4:00 PM, the supplemental counts were collected during those peak demand periods. The entire parking lot is broken down into the individual parcels as illustrated in Figure 1. It should be noted that in some instances the parcel lot lines run right through individual parking rows, Examination of this figure shows a total of six parcels which share reciprocal access and parking rights. Parcels 1 to 4 are proposed for conversion to commercial condominiums. Parcel 5 and 6 are situated on the same site and are part of the overall shared parking and access agreements but are not included in the conversion to condominiums proposed for Parcels 1 to 4. Currently Parcels 1 and 2 are a single parcel that will be split into two separate parcels as part of the condominium conversion process. rushn Medical Arts Medical Office Buildings 1 Austin-Foust Associates, Inc. Supplemental Pazking Study 1201001sps.doc Tustin Medical Arts 2 Austin-Foust Associates, inc. Parking Study 1201001mm-Figl.dwg Figure 1 PARCEL BOUNDARIES The peak parking data was collected on three midblock weekdays during January and February 2012 with the results shown in Table 1. The entire parking count data is presented in the appendix parking accumulation. Table 1 PEAK PARKING DEMAND (BY PARCEL) (11:00 AM Tuesday February 7, 2012) Parcel No. Available S aces Em S aces Available Percent Utilization 1 43 10 77% 2 31 4 87% 3 36 1 97% 4 71 24 66% 5 36 13 64% 6 43 10 77% TOTAL 260 62 76% CONCLUSIONS In summary, it is concluded that the overall maximum peak parking demand for the Tustin Medical Arts Medical Office Buildings is about 76 percent utilization of the total available supply (260 total spaces). The average utilization on a parcel by parcel comparison varies from a low of 66 percent to a maximum of 97 percent during the peak utilization. As might be expected, the maximum utilization occurs in the two parcels situated on the northeast corner of the site (Parcels 2 and 3) where only 67 spaces are available. However, even under the absolute peak parking conditions, there remains at least 62 unused parking spaces available on the site. "Dustin Medical Arts Medical Office Buildings 3 Austin-Foust Associates, Inc. Supplemental Parking Study 1201001 sps.doc TUSTIN MEDICAL ARTS MEDICAL OFFICE BUILDING PEAK PARKING DATA SUMMARY Parcel Number Total S aces Vacant S aces Percent Occu anc Janua 17, 2012 3:00 PM 1 43 19 56% 2 31 4 87% 3 36 4 89% 4 71 27 62% 5 36 8 78% 6 43 10 77% Totals 260 72 72% Febrna 7, 201.2 11:00 AM 1 43 10 77% 2 31 4 87% 3 36 1 97% 4 71 24 66% 5 36 13 64% 6 43 10 77% Totals 260 62 76% Februar 7, 2012 3: 00 PM 1 43 19 56% 2 31 4 87% 3 36 4 89% 4 71 27 62% 5 36 8 78% 6 43 10 77% Totals 260 72 72% Februa 8, 2012 11:00 AM 1 43 20 53% 2 31 1 97% 3 36 2 94% 4 71 35 51% 5 36 7 81% 6 43 6 86% Totals 260 71 73% Februar 8, 2012 4:0 0 PM 1 43 IS 65% 2 31 11 65% 3 36 6 83% 4 71 47 34% 5 36 23 36% 6 43 18 58% Totals 260 120 54% Tustin Medical Arts Medical Office Buildings 4 Austin-Foust Associates, Inc. Supplemental Parking Study 1201001sps.doc TUSTIN MEDICAL ARTS MEDICAL ORFICE BUILDING PEAK PARKING DATA SUMMARY Parcel Number Total S aces Vacant S aces Percent Occu anc Februa 9, 2012 11:00 AM 1 43 20 53% 2 31 1 97% 3 36 2 94% 4 71 35 51% 5 36 7 81% 6 43 6 86% Totals 260 71 73% Februar 9, 2012 3: 00 PM 1 43 8 81% 2 31 10 68% 3 36 4 89% 4 71 36 49% 5 36 21 42% 6 43 8 81% Totals 260 87 67% Tustin Medical Arts Medical Office Buildings 5 Austin-Foust Associates, Inc. Supplemental Parking Study 1201001 sps.doc 13422 NEWPORT AVENUE A Sandi E. Silva, D.D.S. B/C M. Roberta Dornan, D.D.S. E Anil K. Mahajan, DDS F James Lockwood, D.D.S. G Vacant H Rital Ellithorpe MD, TLC Lab I Tustin Teleradiology Med Grp, Inc J Samireh Said, M.D. L & D Rita R. Ellithorpe, d/bla Tustin Longevity Center TLC N Robert L. Swenson, D.D.S. 13362 NEWPORT AVENUE A Sosin, Inc. B GKK Investments d/b/a American Wt. Loss Centers C Antoni Nguyen, d/b/a Tustin Bodyworks D William D. Saraiva, D.D.S. E / F Vacant G Paul D. Braun, D.D.S. 13372 NEWPORT AVENUE A J. R. Altamirano MD B Hitesh Patel, MD C Chetan Mehta, DDS D Amber Voitenko, DC E James Zahrowski, DMD F Nadia Rezaiamiri, DDS G Ivanka Srbinovska, DDS & Milos Boskovic, DDS H Vacant I Sean Milam, MD 1101 BRYAN AVENUE Al Brett Bowman, OD A2 Genesis Medical Aesthetics B Arthur Turk, M.D., Allergy Specialist C E. Dean Azzeh, DDS D Norman Hollis, DDS E/F Comprehensive Healthcare 2/9J2012 ATTACHMENT E PLANNING COMMISSION RESOLUTION N0.4189 RESOLUTION N0.4189 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP 2010-153 TO SUBDIVIDE THE EXISTING THREE (3) MEDICAL OFFICE PARCELS INTO FOUR (4) SEPARATE PARCELS AND UNITS FOR INDIVIDUAL SALE OF UP TO 39 MEDICAL OFFICE CONDOMINIUM SUITES AND CONDITIONAL USE PERMIT 2012-02 FOR JOINT-USE PARKING FOR THE PROPERTY LOCATED AT 13362 - 13372 NEWPORT AVENUE (APN 500-131-01), 13422 NEWPORT AVENUE (APN 500-131-03), AND 1101 BRYAN AVENUE (APN 500-131-10) The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Tentative Parcel Map 2010-153 (TPM 2010-153) Conditional Use Permit 2012-02 (CUP 2012-02) was filed by Mark Mullen of KAMF Tustin, LLC, requesting authorization to subdivide three existing parcels containing four office buildings into four (4) separate parcels with shared parking; B. That the site is Zoned Community Commercial (C-1) and has a General Plan Land Use Designation of Community Commercial and the proposed subdivision is in conformance with the Community Commercial land use designation of the Tustin General Plan and the Community Commercial (C-1) zoning district; C. That the proposed subdivision, as conditioned, is consistent with the requirements of the Subdivision Map Act, the Subdivision Code and other applicable provisions of the Tustin City Code and State law. D. That pursuant to Tustin City Code, Planning Commission approval of a Conditional Use Permit is required far all other parking areas with joint-use parking. A Conditional Use Permit {CUP 2012-02) has been submitted as part of the application for a reduction in off-street parking for joint-use parking consistent with the following requirements: A parking study dated February 9, 2012, was prepared by Austin-Foust Associates, Inc., a California licensed traffic engineering firm, experienced in the preparation of such study and submitted by the applicant demonstrating that no substantial conflict will exist in the peak hours of parking demand far the uses for which joint-use is proposed. The methodology to be used in preparing the study such that promulgated by the Institute of Transportation Engineers {ITE); 2. The number of parking spaces which is credited against the requirements for the structures or uses involved do not exceed the number of spaces reasonably anticipated to be available during different hours of operation (260 spaces for the Center); Resolution No. 4189 Tentative Parcel Map 2010-153 CUP 2012-02 Page 2 3. Parking spaces designated for joint-use (total of 260 spaces) are located so that they will adequately serve the uses for which they are intended; 4. A written and recorded agreement shall be drawn to the satisfaction of the City Attorney and Community Development Director and executed by all parties concerned assuring the continued availability of the number of parking spaces designated for joint-use and availability of reciprocal access easements and has been made a condition of approval. E. That the applicant requests waiver of the one trash enclosure per parcel requirement from the Public Works Department. Trash enclosures shall be required as conditions of approval of the Tentative Parcel Map in accordance with the approved standards as established by the City Council; F. That the City Engineer has found that the proposed subdivision complies with Tustin City Code Section 9332 {Improvements) which requires that no final map shall be presented to the City Council for approval until all required improvements have been completed or that a subdivision agreement with the property owner has been recorded. Specifically, the City Engineer finds that all provisions of Section 9332 have been complied with, including: As conditioned, all existing and proposed utilities within the subdivision shall be prepped for undergrounding wherein service lines from existing power poles to respective buildings will be placed underground and inadequate electrical connections serving the project site will be upgraded. 2. As conditioned, improvements for asphalt repair shall be required as conditions of approval of the Tentative Parcel Map in accordance with the approved standards as established by the City Council. G. That Pursuant to Section 15315, Class 15, and Section 15301, Class 1, of the California Environmental Quality Act (CEQA}, TPM 2010-153 and CUP 2012-02 are exempt from the provisions of CEQA since the project involves a minor subdivision involving four (4) or fewer parcels that are in conformance with the General Plan and Zoning, no variances or exceptions are required, and all services and access to the proposed parcel(s) are available, and the proposed uses involve negligible or no expansion of an existing uses within an existing office facility; and H. That a public hearing was duly called, noticed, and held for said map on February 28, 2012, by the Planning Commission. The Planning Commission hereby recommends that the City Council approve Tentative Parcel Map 2010-153 to subdivide the existing three (3) medical office parcels into four (4) separate parcels and units for individual safe of up to 39 medical office condominium suites and Conditional Use Permit 2012-02 for joint-use parking Resolution No. 4189 Tentative Parcel Map 2010-153 CUP 2012-02 Page 3 for the parcels located at 13362 - 13372 Newport Avenue (APN 500-131-01}, 13422 Newport Avenue (APN 500-131-03), and 1101 Bryan Avenue (APN 500-131-10) PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 28"' day of February, 2012. ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN k JEFF R. T PSO Chairperson I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4189 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28~' day of February, 2012. ELIZABETH A. BINSACK Planning Commission Secretary Exhibit A RESOLUTION NO. 4189 EXHIBIT A RESOLUTION N0.4189 TENTATIVE PARCEL MAP 2010-153 and CONDITIONAL USE PERMIT 2012-02 13362, 13372, 13422 NEWPORT AVENUE & 1101 BRYAN AVENUE CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the approved plans far the project on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.3 Pursuant to TCC 9264a4, a written and recorded reciprocal parking agreement shall be drawn to the satisfaction of the City Attorney and Community Development Director and executed by the property owners of 13362, 13372 Newport Avenue (RPN 500-131-01 }, 13422 Newport Avenue (APN 500-131-03), and 1101 Bryan Avenue (APN 500-131-10), and all parties concerned assuring the continued availability of the 181 spaces an-site and the 79 parking spaces at 13400 Newport Avenue and 13420 Newport Avenue designated far joint use, and the availability of reciprocal access easements. (1) 1.4 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 applicant, 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: 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. 4189 TPM 2010-153 and CUP 2012-02 Page 2 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 shad not be obligated to enforce the CC&Rs. b) The requirement that association bylaws be established. c) Provisions related to the limitation of medical and/or professional office uses within the buildings at 13362, 13372 Newport Avenue (APN 500-131-01), 13422 Newport Avenue {APN 500-131-03), and 1101 Bryan Avenue (APN 500-131-10). Any change to the intensity and/or uses specified requires City approval. d) Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including buildings and amenities, landscaped areas, walls and fences, private roadways, trash enclosures (i.e., walks, sidewalks), etc. Maintenance standards shall also be provided. e) 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 spats, debris, and weeds. All trees and shrubs shall be trimmed sa 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 da 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. f) All private driveways, sidewalks, parking lots, trash enclosures 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. The Association shall ensure adequate trash facilities are provided in conformance with the approved final map and maintained free of debris and in sanitary condition at all times. g) 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. h} Membership in the association shall be inseparable from ownership in individual units. i) Architectural controls shall be provided and may include, but not be limited to, provisions regulating exterior finishes, roof materials, Exhibit A Resolution No. 4189 TPM 2010-153 and CUP 2012-02 Page 3 fences and walls, accessory structures such as mechanical equipment, television and radio antenna, and signs, consistent with the Tustin City Code. j} 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. k) The CC&Rs shall include the provisions of joint/shared parking between each of the parcels. Change to the joint/shared parking agreement shall be reviewed and approved by the Community Development Director. The agreement shall assure the continued availability of the 181 spaces on-site and the 79 parking spaces at 13400 Newport Avenue and 13420 Newport Avenue designated for joint-use, and the availability of reciprocal access easements. (1) 1.5 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. {1} 1.6 Approval of Tentative Parcel Map 2010-153 and CUP 2012-02 is contingent upon the applicant returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.7 The approval of a tentative parcel shall expire twenty-four (24) months from the date of its approval pursuant to TCC 9321 h unless an extension is provided pursuant to the Subdivision Map Act. {1) 1.8 Prior to final map, all existing and proposed utilities within the subdivision shall be underground (i.e. wherein the service lines from existing power poles to the respective buildings shall be placed underground). In addition, the applicant shall upgrade the inadequate electrical connections serving the buildings located within the subdivision boundaries. {1) 1.9 The property shall be maintained in conformance with Tustin City Code requirements, including but not limited to conformance with the City Sign Ordinance. Any violation of any of the conditions imposed is subject to code enforcement action and the issuance of an administrative citation pursuant to Section 1162(a} of the Tustin City Code. Exhibit A Resolution No. 4189 TPM 2010-153 and CUP 2012-02 Page 4 (1) 1.10 As a condition of appraval of Conditional Use Permit 2012-02, the applicant shall agree, at its sale 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 aftack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.11 Conditional Use Permit 2012-02 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with conditions of approval included in this Exhibit, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. Planning Division and the Successor Agency to the Redevelopment Agency (5) 2.1 Prior to final map approval, the Applicant/Owner shall post a bond ar other method of surety along with an agreement pursuant to TCC 9332k for completion of improvements on the parking lot within thirty-six (36) months of the approval of the Tentative Parcel Map. The agreement shall specifically include the removal and replacement of the entire parking lot to meet City parking lot standards to the satisfaction of the Community Development Director. (5) 2.2 Prior to final map appraval, the Applicant shall bring the project site into compliance with applicable Tustin City Code including but not limited to Zoning Code, Sign Code, Building Code, etc. (5) 2.3 Prior to final map approval, the building eaves shall be repairedlrestored and painted on the building at 13372 Newport Avenue subject to review and approval by the Successor Agency to the Redevelopment Agency and the Community Development Director. (5) 2.4 Prior to final map, plans and a color and material board for construction of the new framing and stucco treatment shall be reviewed and approved by the Successor Agency to the Redevelopment Agency and the Community Development Director. Exhibit A Resolution No. 4189 TPM 2010-153 and CUP 2012-02 Page 5 Building Division {3) 3.1 Plans and permits wilt be required to remove the roof structure connecting buildings located on proposed Parcels "2" and "3" of TPM 2010-153 and install fire rated doors adjacent to the property line between proposed Parcels "2" and "3". (3) 3.2 At the time of building permit application, the plans shall comply with the latest edition of the codes, City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. Public Works Department {1} 4.1 Preparation and recordation of a final subdivision map shall be required. (1) 4.2 Prior to recordation of the final map, the applicant is required to execute a subdivision and monumentation agreement and furnish improvement and monumentation bonds, al! on forms acceptable to the City. (5) 4.3 The applicant 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 contro( 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. (5) 4.4 The applicant shall design and re-construct the existing concrete driveways along Newport Avenue and Bryan Avenue 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 and construction area traffic control plans, as prepared by a California Registered Civil Engineer, for approval. The traffic control plan shall be prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation. (1) 4.5 Prior to approval of Parcel Map 2010-153, the applicant shall provide a written approval permit from the Orange County Sanitation District (OCSD}. (1) 4.6 An access easement for emergency vehicles, public services, public utilities, and other necessary public access must be provided between proposed parcels. This access shall be shown on the Final Map. (1) 4.7 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} 4.$ 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. Exhibit A Resolution No. 4189 TPM 2010-153 and CUP 2012-02 Page 6 (1 } 4.9 Any damage done to existing public street improvements andlor utilities shall be repaired to the satisfaction of the City Engineer before acceptance of the tract. (1) 4.10 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. (1) 4.11 Prior to final map, the applicantlsubdivider needs to clarify if the domestic water and irrigation water will be paid for by the association or if each of the condo units will be individually metered. (1} 4.12 Prior to final map, the applicant shall provide one (1) trash enclosure per parcel. RII trash enclosures shall utilize the City of Tustin Community Development Department's Trash Enclosure Standard to accommodate at least two (2) four (4) yard bins per trash enclosure on the property, with at least one (1) bin reserved for recyclable materials. The number of trash enclosures shall be consistent with City requirements or a waiver of this requirement must be obtained from the City Public Works Department Administrative Services Manager. The trash enclosure(s), including gate replacement, etc., shall be coordinated with and approved by the Community Development Department. The Association shall ensure adequate trash facilities are provided in conformance with the approved final map and maintained free of debris and in sanitary condition at all times. (4) 4.13 The Parking Study prepared by Austin-Foust Associates, Inc. dated February 9, 2012, shall be revised based on comments provided by Public Works dated February 16, 2012, to the satisfaction of the Public Works/City Engineer and Community Development Director prior to final map. ATTACHMENT F DRAFT CITY COUNCIL RESOLUTION NO. 12-24 RESOLUTION NO. 12-24 A RESOLUTION OF THE TUSTIN CITY COUNCIL APPROVING TENTATIVE PARCEL MAP 2010-153 TO SUBDIVIDE THE EXISTING THREE (3) MEDICAL OFFICE PARCELS INTO FOUR {4) SEPARATE PARCELS AND UNITS FOR INDIVIDUAL SALE OF UP TO 39 MEDICAL OFFICE CONDOMINIUM SUITES AND CONDITIONAL USE PERMIT 2012-02 FOR JOINT-USE PARKING FOR THE PROPERTY LOCATED AT 13362 - 13372 NEWPORT AVENUE (APN 500-131-01), 13422 NEWPORT AVENUE (APN 500-131-03), AND 1101 BRYAN AVENUE (APN 500-131-10) The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. That a proper application for Tentative Parcel Map 2010-153 (TPM 2010-153) Conditional Use Permit 2012-02 (CUP 2012-02) was filed by Mark Mullen of KAMF Tustin, LLC, requesting authorization to subdivide three existing parcels containing four office buildings into four (4) separate parcels with shared parking; B. That the site is Zoned Community Commercial (C-1) and has a General Plan Land Use Designation of Community Commercial and the proposed subdivision is in conformance with the Community Commercial land use designation of the Tustin General Plan and the Community Commercial (C-1) zoning district; C. That the proposed subdivision, as conditioned, is consistent with the requirements of the Subdivision Map Act, the Subdivision Code and other applicable provisions of the Tustin City Code and State law; D. That pursuant to Tustin City Code, Planning Commission approval of a Conditional Use Permit is required for all other parking areas with joint-use parking. A Conditional Use Permit (CUP 2012-02) has been submitted as part of the application for a reduction in off-street parking far joint-use parking consistent with the following requirements: A parking study dated February 9, 2012, was prepared by Austin-Foust Associates, Inc., a California licensed traffic engineering firm, experienced in the preparation of such study and submitted by the applicant demonstrating that no substantial conflict will exist in the peak hours of parking demand for the uses for which joint-use is proposed. The methodology to be used in preparing the study such that promulgated by the Institute of Transportation Engineers (ITE); 2. The number of parking spaces which is credited against the requirements for the structures or uses involved do not exceed the number of spaces reasonably anticipated to be available during different hours of operation (260 spaces for the Center); Resolution No. 12-24 Tentative Parcel Map 2010-153 CUP 2012-02 Page 2 3. Parking spaces designated for joint-use (total of 260 spaces) are located so that they will adequately serve the uses for which they are intended; 4. A written and recorded agreement shall be drawn to the satisfaction of the City Attorney and Community Development Director and executed by all parties concerned assuring the continued availability of the 260 parking spaces designated for joint-use and availability of reciprocal access easements and has been made a condition of approval. E. That on February 28, 2012, the Tustin Planning Commission held a duly noticed public hearing and adopted Resolution 4189, recommending that the Tustin City Council approve Tentative Parcel Map 2010-153 and Conditional Use Permit 2012- 02; F. That a public hearing was duly called, noticed, and held for said map on March 20, 2012, for City Council consideration. G. That the applicant requests waiver of the one trash enclosure per parcel requirement from the Public Works Department. Trash enclosures shall be required as conditions of approval of the Tentative Parcel Map in accordance with the approved standards as established by the City Council; H. That the City Engineer has found that the proposed subdivision complies with Tustin City Code Section 9332 (Improvements) which requires that no final map shall be presented to the City Council for approval until all required improvements have been completed or that a subdivision agreement with the property owner has been recorded. Specifically, the City Engineer finds that all provisions of Section 9332 have been complied with, including: As conditioned, all existing and proposed utilities within the subdivision shall be prepared for future undergrounding wherein service lines from existing power poles to respective buildings will be placed underground and inadequate electrical connections serving the project site will be upgraded. 2. As conditioned, improvements for asphalt repair shall be required as conditions of approval of the Tentative Parcel Map in accordance with the approved standards as established by the City Council. That Pursuant to Section 15315, Class 15, and Section 15301, Class 1, of the California Environmental Quality Act (CEQA}, TPM 2010-153 and CUP 2012-02 are exempt from the provisions of CEQA since the project involves a minor subdivision involving four (4) or fewer parcels that are in conformance with the General Plan and Zoning, no variances or exceptions are required, and all services and access to the proposed parcel(s) are available, and the proposed uses involve negligible or no expansion of an existing uses within an existing office facility; and Resolution No. 12-24 Tentative Parcel Map 2010-153 CUP 2012-02 Page 3 II. The City Council hereby adopts Resolution No. 12-24 approving Tentative Parcel Map 2010-153 to subdivide the existing three (3) medical office parcels into four (4) separate parcels and units for individual sale of up to 39 medical office condominium suites located at 13362 - 13372 Newport Avenue (APN 500-131-01), 13422 Newport Avenue (APN 500-131-03), and 1101 Bryan Avenue (APN 500-131-10) and approves Conditional Use Permit 2012-02 for joint-use parking ensuring continued availability of the 181 spaces on-site and the 79 parking spaces designated for joint-use at 13400 Newport Avenue and 13420 Newport Avenue, and the availability of reciprocal access easements subject to conditions of approval attached hereto (Exhibit A). PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 20th day of March, 2012. JOHN NIELSEN MAYOR ATTEST: PAMELA STOKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN CERTIFICATION FOR RESOLUTION NO. 12-24 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. 12-24 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 20th day of March, 2012, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER, CITY CLERK EXHIBIT A RESOLUTION NO. 12-24 TENTATIVE PARCEL MAP 2010-153 and CONDITIONAL USE PERMIT 2012-02 13362, 13372, 13422 NEWPORT AVENUE & 1101 BRYAN AVENUE CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the approved plans far the project on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.3 Pursuant to TCC 9264a4, a written and recorded reciprocal parking agreement shall be drawn to the satisfaction of the City Attorney and Community Development Director and executed by the property owners of 13362, 13372 Newport Avenue (APN 500-131-01), 13422 Newport Avenue (APN 500-131-03), and 1101 Bryan Avenue (APN 500-131-10), and all parties concerned assuring the continued availability of the 181 spaces on-site and the 79 parking spaces at 13400 Newport Avenue and 13420 Newport Avenue designated for joint-use, and the availability of reciprocal access easements. (1) 1.4 Prior to recordation of the final map, all organizational documents far the project including any Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted, by the primary applicant, 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: SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODES (7) PC/CC POLICY {4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 12-24 TPM 2010-153 and CUP 2012-02 Page 2 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 CG&Rs. b) The requirement that association bylaws be established. c) Provisions related to the limitation of medical and/or professional office uses within the buildings at 13362, 13372 Newport Avenue (APN 500-131-01), 13422 Newport Avenue (APN 500-131-03), and 1101 Bryan Avenue (APN 500-131-10). Any change to the intensity andlor uses specified requires City approval. d) Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including buildings and amenities, landscaped areas, walls and fences, private roadways, trash enclosures (i.e., walks, sidewalks), etc. Maintenance standards shall also be provided. e) 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. f) All private driveways, sidewalks, parking lots, trash enclosures 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. The Association shall ensure adequate trash facilities are provided in conformance with the approved final map and maintained free of debris and in sanitary condition at all times. g) 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. h) Membership in the association shall be inseparable from ownership in individual units. Exhibit A Resolution No. 12-24 TPM 2010-153 and CUP 2012-02 Page 3 i) 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. j) 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. k) The CC&Rs shall include the provisions of joint/shared parking between each of the parcels. Change to the joint/shared parking agreement shall be reviewed and approved by the Community Development Director. The agreement shall assure the continued availability of the 181 spaces on-site and the 79 parking spaces at 13400 Newport Avenue and 13420 Newport Avenue designated for joint-use, and the availability of reciprocal access easements. (1) 1.5 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. (1 } 1.6 Approval of Tentative Parcel Map 2010-153 and CUP 2012-02 is contingent upon the applicant returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.7 The approval of a tentative parcel shall expire twenty-four (24) months from the date of its approval pursuant to TCC 9321 h unless an extension is provided pursuant to the Subdivision Map Act. (1) 1.8 Prior to final map, all existing and proposed utilities within the subdivision shall be prepared for future undergrounding wherein the service lines from existing power poles to the respective buildings shall be placed underground. In addition, the applicant shall upgrade the inadequate electrical connections serving the buildings located within the subdivision Exhibit A Resolution No. 12-24 TPM 2010-153 and CUP 2012-02 Page 4 boundaries. (1) 1.9 The property shall be maintained in conformance with Tustin City Code requirements, including but not limited to conformance with the City Sign Ordinance. Any violation of any of the conditions imposed is subject to code enforcement action and the issuance of an administrative citation pursuant to Section 1162(a) of the Tustin City Code. (1) 1.10 Rs a condition of approval of Conditional Use Permit 2012-02, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.11 Conditional Use Permit 2012-02 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with conditions of approval included in this Exhibit, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. Planning Division and the Successor Agency to the Redevelopment Agency (5) 2.1 Prior to final map approval, the ApplicantlOwner shall post a bond or other method of surety along with an agreement pursuant to TCC 9332k for completion of improvements on the parking lot within thirty-six (36) months of the approval of the Tentative Parcel Map. The agreement shall specifically include the removal and replacement of the entire parking lot to meet City parking lot standards to the satisfaction of the Community Development Director. (5) 2.2 Prior to final map approval, the Applicant shall bring the project site into compliance with applicable Tustin City Code including but not limited to Zoning Code, Sign Code, Building Code, etc. {5) 2.3 Prior to final map approval, the building eaves shall be repaired/restored and painted on the building at 13372 Newport Avenue subject to review and approval by the Successor Agency to the Redevelopment Agency and the Exhibit A Resolution No. 12-24 TPM 2010-153 and CUP 2012-02 Page 5 Community Development Director. (5) 2.4 Prior to final map, plans and a color and material board for construction of the new framing and stucco treatment shall be reviewed and approved by the Successor Agency to the Redevelopment Agency and the Community Development Director. Building Division (3) 3.1 Plans and permits will be required to remove the roof structure connecting buildings located on proposed Parcels "2" and "3" of TPM 2010-153 and install fire rated doors adjacent to the property line between proposed Parcels "2" and "3". (3) 3.2 At the time of building permit application, the plans shall comply with the latest edition of the codes, City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. Public Works Department (1) 4.1 Preparation and recordation of a final subdivision map shall be required (1) 4.2 Prior to recordation of the final map, the applicant is required to execute a subdivision and monumentation agreement and furnish improvement and monumentation bonds, all on forms acceptable to the City. (5) 4.3 The applicant 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. (5) 4.4 The applicant shall design and re-construct the existing concrete driveways along Newport Avenue and Bryan Avenue 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 and construction area traffic control plans, as prepared by a California Registered Civil Engineer, for approval. The traffic control plan shall be prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation. (1) 4.5 Prior to approval of Parcel Map 2010-153, the applicant shall provide a written approval permit from the Orange County Sanitation District (OCSD). (1) 4.6 An access easement for emergency vehicles, public services, public utilities, Exhibit A Resolution No. 12-24 TPM 2010-153 and CUP 2012-02 Page 6 and other necessary public access must be provided between proposed parcels. This access shall be shown on the Final Map. (1) 4.7 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) 4.8 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) 4.9 Any damage done to existing public street improvements andJor utilities shall be repaired to the satisfaction of the City Engineer before acceptance of the tract. (1) 4.10 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 RutoCAD 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. (1) 4.11 Prior to final map, the applicant/subdivider needs to clarify if the domestic water and irrigation water will be paid for by the association or if each of the Gonda units will be individually metered. (1) 4.12 Prior to final map, the applicant shall provide one (1) trash enclosure per parcel. .All trash enclosures shall utilize the City of Tustin Community Development Department's Trash Enclosure Standard to accommodate at least two (2) four (4) yard bins per trash enclosure on the property, with at least one (1) bin reserved for recyclable materials. The number of trash enclosures shall be consistent with City requirements or a waiver of this requirement must be obtained from the City Public Works Department Administrative Services Manager. The trash enclosure(s), including gate replacement, etc., shall be coordinated with and approved by the Community Development Department. The Association shall ensure adequate trash facilities are provided in conformance Exhibit A Resolution No. 12-24 TPM 2010-153 and CUP 2012-02 Page 7 with the approved final map and maintained free of debris and in sanitary condition at all times. (4) 4.13 The Parking Study prepared by Austin-Foust Associates, Inc. dated February 9, 2012, shall be revised based on comments provided by Public Works dated February 16, 2012, to the satisfaction of the Public Works/City Engineer and Community Development Director prior to final map.