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HomeMy WebLinkAbout02 TENT PARCEL MAP 09-03-02AGENDA REPORT NO. 2 09-3-02 600-45 ~ MEETING DATE: SEPTEMBER 3, 2002 ~ TO: FROM: SUBJECT: WILLIAM HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT TENTATIVE PARCEL MAP 2002-106 SUMMARY Tentative Parcel Map 2002-106 is a request to subdivide an existing 1.62-acre parcel into two parcels for conveyance purposes. A retail building and a service station/car wash are currently being constructed on the site. On August 26, 2002, the Planning Commission recommended that the City Council approve Tentative Parcel Map 2002- 106 with conditions to ensure compliance with Tustin City Code and the Subdivision Map Act. (Owners/Applicants: Tom Baumgartner.) RECOMMENDATION: That the City Council adopt Resolution No. 02-81 approving Tentative Parcel Map 2002- 106. FISCAL IMPACT: The Tentative Parcel Map is an applicant-initiated project. The applicants have paid applicable fees for the processing of this map. ENVIRONMENTAL: Tentative Parcel Map 2002-106 is Categorically Exempt pursuant to Section 15315, Class 15 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). DISCUSSION On November 10, 1997, the Planning Commission adopted Resolution No. 3534 conditionally approving CUP 97-005 and DR 97-009 to construct a retail building and service station carwash at 535 E. Main (Attachment A- Location Map). On December 1, 1997, the City Council adopted Resolution No. 97-115 upholding the Planning Commission's approval with an expiration date of December 1, 1999, for the project. Subsequently, the Planning Commission granted two extensions until December 1,2000. Since then, the building and grading permits for construction of the project have been issued, and the project is near completion. However, a final map was not approved or recorded and the tentative parcel map approval expired on December 1, 2000. A new TPM 2002-106 September 3, 2002 Resolution No. 02-81 Page 2 Tentative Parcel Map (2002-106) has been submitted to subdivide the parcel into two parcels for conveyance purposes; one parcel would contain the retail building and the other would include the service station and carwash (Attachment B). The development would be subdivided as follows: PARCEL GROSS AREA REQUIRED PROVIDED USE NO. (ACRES) PARKING PARKING Parcel 1 0.5702 4,773/200 = 24 29 Retail Building Parcel 2 1.0496 Retail 1,236/200 = 6 24 Carwash/Service Carwash -- 15 Station Service Station - 3 Total- 24 Each parcel of the proposed subdivision would meet the development standards of the Central Commercial and Parking Overlay zoning district, including the minimum site area, lot width, setbacks, number of parking spaces, and driveway widths., ', However, the two parcels would share a common trash enclosure and maintain reciprocal ingress, egress, and parking. To ensure reciprocal access and continuous maintenance of the common areas, a covenant of easement with maintenance provisions would be required by Condition 2.1 of Resolution No. 02-81 (Attachment C). Other'conditions of approval are included to ensure compliance with the Subdivision Map Act and the City of Tustin Subdivision Ordinance and Manual prior to recordation. The Planning Commission, on August 26, 2002, adopted Resolution No. 3840 recommending approval of the project to the City Council. Associate Planner Attachments: A. Location Map B. Tentative Parcel Map C. Resolution No. 02-81 Elizabeth A. Binsack Community Development Director S:\Cdd\CCREPOR'RTPM 2002-106.doc ATTACHMENT A Location Map LOCATION MAP PROJECT NO. ADDRESS 535 E. Main Street TPM 2002-106 Project Site TUSTIN CITY MAP FIRST STREET ~10 215-17 . 2~~ ~1 2,0 245 2~0 ,320-24 330-34 MAIN LEGEN~ 498 5OO ~04 ATTACHMENT B Tentative Parcel Map 2002-106 HS'VM OJ,liV NLLSfI.L ~. dWIlmOllVd BALLVLna. I, . { i lm,i "' i N SHEET 2 OF 2 ALL OF TEKTaTIVE PARC~I. BLOCK ~ 57~2 DA~E ~ S~ dULY ~J~ A~ES GR088 2 PAR~8 PARCEL MAP N0.2002-lOG IN THE CITY OF TUSTIN, COUNTY ORANGE STATE OF CALIFORNIA FOR CONVEYANCE PURPOSE CAM ENGINEERING CO. JULY 2000 CARL A MASTRO RCE 2715G MONUMENT LEGEND DATUM STATEMENT ~, SET L&T&G RCE 2715G COORDINATES SHOWN HEREON ARE BASED ON THE CALIFORNIA COORINATE SYSTEM (CC 83 ) ZONE Vi, 1983 NAD. · FDU~&D MONUMENT AS ~TED HEREO~ ( 1991.35 EPOCH OCS GPS ADJUSTMENT). ~ ALL DISTANCES SHOWN HEREON ARE GROU~ ~LESS OTHERWISE NOTED- SET '*IP TAG~D RCE ~7156 · ' TO OB~IN GRID DISTANCES MULTIPLY THE GROU~ DISTANCES ~ BY 0.99997896 *. ~ S~ TAG RCE 27156 A~ NOTED I ~ AVERAGE ELEVATION - 154' 0 SET SPK & W TAG 27156 I ~ . I ~ ~IN RECO~8 ON FI~ IN T~ ~A~ ~UNTY ~ SURVEYORS OFFI~. I~ ~ N 2~11571.127 ~ I ~ ~~ ,FO ~LT ~ ~ ~ 41 ~ ~ ~. G ~IL ~ ~-161 ~l/~ S 89'2G*54'E ~ ~ ~ ' S 89~G'SB"E ~768 50~76854' ~ ~ S 89'21'41~ ~30~0~ 530.30' . ._ ...... ~ ~ % % I- 6~J. ~TATioKI~ RECORDS ON FILE IN T~ ~ ~ I~ ~~Mm - N 221TSI4.Tg~ aa ,,~ ~OTHING FD NOTHING  ~vEY8 s I0' EA~ F~ ELECTRIC F~PO~SJK 7GBO PG~94 OF OFFICIAL RECORD . ' / .,. ~..~ ~.,~.~ .... .,~..~ ~. .... ~. ..... ~ .... ~ ........ AVENUE ~ ~ ~ E~ F~ ~. HI--AY ~ I~1~ P~E7 -K '1~~' PGJT: · . S49'16'47'E ~ 1 ~ ~FICIAL ~C~ ~' -- ~ ~ ~' ~' ~ ~ ~ A~, ~ ~- 1~1072~ OF ~FICIAL ~C~ ~THING FD. N~HING SET. ~ ~ ' ~EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL P~OSES INBTR~E ~T ,':. ~:('~C:~31 ~ -- ~ ~ OF OFF CI~L RECORDS~ERM SS/ON TO ~ ~ TRASH EN~O~E OVER EDISON CO. EASEME~ ~ CNA L ~ ~~ I~ 25~ASE~NT F~ I~ill~[li, SEWER ~ ~ILTY, DEDICATED ON THIS'MAP .' . ' .' ' ~ ~ I ' ' k~ t ~ * : ~' PER ~ BK IH / ~ 0 < II - b= ~ ......... ;,..:.:,: / ~ ~ / ~ z ~ ,~ -'~ .... ~ / ~' ;.'/ ..~ &~v'~ _.' Z · '/ ''~ ~ , '' . ~ q ~-t i .... < · ~% e~' + 1 , UV + DETAIL C ~l,,~.~ ; ~ ,~'//~ /I ~ ' ~ - ' : ~ - 1 ,2 ' . 4~'~,~' ..-w " ' '. · '4',.~ ~,~'/ ~ .. , ~ ~ '. ~ o ~.oo' ' ~/, % ' / _. _ . =: V '~ l(194.14~) ~ MAiN ST W ~ ~ %FD ~ & W R~ 1~4~ ...... . J ~ I1-111 ,~'R P...J-tS,' DETAIL A N.TS. MAIN STREET PARCEL MAP NO. 2002-106 CAM ENGINEERING CO. IN THE CITY OF TUSTIN, COUNTY ORANGE STATE OF CALIFORNIA BEING A CONSOLIDATION OF LOTS 1,2.3,4,8,g,¶0, AND PORTION OF ABANDONED 3rd STREET, IN BLOCK F OF YORBRA'S SUBDIVISION OF BLOCK'S 32,35, AND PART OF BLOCK 31, IN THE CITY OF TUSTIN , AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGE 10 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CAUFORNI~ JULY 20Bp ACC£P1T. D ANO FLED AT TH[ REQUEST OF' DAT[: INSTRuIdrNT NO.' ' BOOK ~ PAGE: ~ DARLENE J. BLOOM COUHTY CLERK-REcORDER DrpuI~ CARL A MASTRO RCE 27156 OWNER CERTIFICATE WE THE UNDERSIGNED. BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND COVERED BY THIS SAID MAP. DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF SAID MAP, AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. TITLE TO ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: HOWARD FARRAND OWNER FARRAI~D ENTERPRISES INC, A CALIFORNIA CORPORATION JIM FARRAND HOWARD FARRAND -- PRESIDENT SECRETARY RAMESH BAJARIA AND REKHA BAJARIA REVOCABLE TRUST DATED MAY 5, 2000 NOTARY ACKNOWLEDGEMENT CERTIFICATION STATE OF CAUFORNIA ~ COUNTY OF ) On this ,, . ~ beforeme .... personall-~pearea · ' per,,onally known t~ me (o/:'Pr~ved tO me on the .basis of ~aUstac'tory eVldence~ to be Ule Derson~ whose namels~ Is/are subscribed to Ule With:hiD InsUument and act~owledged Co me U~at he/she/they executed the ~me In his/her/their authorized cabaclWuesL and that Dy h~s/her/t~elr sIgnacureW on the Ii~trument t/se person~, or the entlW UpOn behal! of which the person~ acteD, execuEed the Instrument. WITNESS my hand: Signature My Principal Place Of Business ts NOtary Public In and for said SI;ate In Count~. My commission exoires (Name Printed) NOTARY ACKNOWL£DGEMF. NT ~-KRTIFIAT]DN STATE OF CALIFORNIA ) ORANGE COUNTY ) ON THIS DAY BEFORE ME, PERSONALLY APPEARED PERSONALI. Y KNOWN TO M~ ~ p~-6-~ED TO ME ON T~E BASIS OF SATISFACTORY EVIDENCE) TO BE TEE PERSONS WHOSE NAMES ARE SUBSCRIBED TO TEE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE Si%ME IN THEIR AU~OR/ZED CAPACITIES, A~ THAT TEEIR SIGNATURES ON TEE INSTRUMENT TEE PERSONS, OR THE ENTITY UPON BEHALF OF WHXCB TEE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS my hand: Signature My Principal Place Of Business Is NOr~lry PubliC In and for said State In CounW. My Commission expires (Name Printed) NOTARY ACKNOWLEDGE~MENT CERTIFICATION STATE OF CAUFORNIA ) ) SS COUNTY OF On this ~ _...~_~ before me, personally appeared ~ '~ personally known tO me Ior proved to me on the basis of satisfactory evldenceT'~-o be the persoms! whose nametD is/are suDscrlbecl to Ule within Instrument and acknowledged to me that he/she/they executed the same In his/Tier/their authorized cauaciL'y(lesL and that DY hJs/ner/t~elr signa;urelsI on 131e Instrument Ule Person[s). Or tnb enUL'V upon behalf of which the per~,nlsl acted, executed the InstrumenL WITNESS my hand: Signature ' My Principal Place of Business iS NOtary pUbliC In and for said StaLe in CountY. My COlllrnlsston e~lres (Name Prlllt. ed) ENGINEER'S STATEMENT: ___ THES HAP NAS PRBPJ~ED BY NM OR UlqlDSR HY DZRSCTZOH RE~ZR~S OF ~E G~ZVZGI~ ~P A~ ~ ~ AT ~ R~UEST OF ~BSH ~IA ~Y 2000. I HIR~Y KA~ ~T ALL ~ ~E OF ~ ~R ~ ~PY ~GZTIOHS I~I~, OR ~BY NZLL BB S~ IN G~H ~SITI~S OH OR I HKREBY STA~ ~T ~lS P~ ~P 8~ST~Z~LY ~E APPROV~ OR ~ITZ~Y ~PRO~ ~ATI~ ~P, JJ'J No 2;1563'~ ~ a ~0 ~OUN~ SURVEYOR'8 STATEMENT: ~J fla~ BEtH C~PU[D ~ ~D I ~ SA~D SA~ M~ I$ I(~A~[y C~R[CI R[LAR~ I0 ~ PARCEL M~P OAl[O 1~4S DAY OF JO~IH CANAS. COUNTY SURVEYOR COUNTY TREASURER-TAX COLLECTOR'8-CERTIFICATE: SIAl[ 0~ CALIfOrNIA ~ SS COUNTY 0¢ ORANC[ J I HERESY C(elltry l)4A! ACCORO~IG TO i~1( REC0~OS OIr UY 0ftC[ tH[R( AR[ NO LIENS AGA~NSJ I)l[ LAND COV[R[O BT Tills MAP OR ANY PART tHER[O~' COUNTY MUNICIPAL OR LOCAL IAJ~[$ OR P OR spr;-tA, aeeree,,r~, .......... ~_ EOAL ASSESSMENTS COLL[CI[D AS IAXES ,~XC[PT TAXES *-- - ~aaLemLnla' ~.U~.LL%;ILU AS IAX[S NOT TIT PAYABLE. AND O0 ALSO CER~'T ro ~ R(CORDER Of' ORANGE CO~J~TY 111AT hie PnOVtS4Ot4S Of' ~IE SUBDIVI.~IO~4 MAP ACT IIAV[ BEEN COMPU[O WitH R£GARDINg PEPOSIT$ tO l)l[ PAYa[NI Of' tAXIS OR SP[CIAL ASSCSSId[HTS COLLECl[O AS tAX£S ON l)f[ LAND COV[R[D BY 1HIS MAP. J01 ~-~,-~-~-(~fl L A ~,H BY: C0UN~"~[R-IAX COLL£CI0~[ DEPUTY IREAS~[R - 1AX C~CJ~ CI~ ENOINEER~8 STATEMENT: AMEND[0 ~0 APP~0~D BY ~[ CI1Y PLANING C~MIS~: ~AT ALL PRO~S ~ nil %U9~ M~ kCl ~O O~ $~ RE~A~S HA~ BEEN C~PUEO ~m AND nrc AP IS I[~NICALLY C~fl[CT .~ ALL R[~ECT$ NOT SIAl[0 BY me C~TY SUR~YOR. 0AJ[O ~llS OAY ~ 2002 JIM D SENLET ER(GIt. EXPIRES: CITY (NGkN[tR. CIFY (N' I1JSIIH CITY CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ) u ) CITY OF TUSTIN ) I heret~y perry Ihat thru ma~ wa~ ixeaef~ed fo~ jl~movad to the C'ly COuncil of tim Ci~ of Tt~tJn WayaflcIl~Ave Ancl dKl~soac~on behalf ~ Ihs City Of Turn And ~ aMxove ~Jbject map pu~t to the Ixovmons of Section 86436(aX3XA) of tile Su~ciivil~x~l Map Act DATED THIS DAY OF PAMELA STOKER. CITY CLERK CiTY OF TUSTIN PUI~T TO TH~ ~OVt ~ONS OF 6ECTION eo(38 (El (1) A/40 O) .o~ THE WYI ~104,4 MAP ACT. THE F DI..LOVVl/~ 8tGNATURE8 HAV~ BEr=N O~I~ED. I. SANTA ANA~ALLEY IRRIGATION coaaPANY. HO~R OF AN EA..~NT ~HOqNN ON ~OOK '~1. PA~ ~ C)F RECC)~D BOOK 8LJ~VEy$; 2. 8OUTHERN CALIFORNIA EDISON COMPANY, HOLDER OF AN EASEIdENT RECORDED , IN BOOK 7~0.. PAGE 294 OF OFFICIAL RECOR(~: 3. THE CITY OF TU~TIN. HOLDER OF AN EASEMENT RECORDED IN BOOK t 1Bt t. PAGE l?a OF OFF ICL~L. RECORDS: 4. NEWPORT-TUSTIN A~SOClATES. HOCDER OF AN EASEMENT RECORDED IN 12497. PAGE 11 OF OFFICIAL RECORDS: 5. LARVVIN SQUARE TUSTIN. LLC. HOLDER OF~AN EASEMENT RECORDED AS NSTRUMENT NO 189g010~283 O~ OFFICIAL RECORDS . ATTACHMENT C Resolution No. 02-81 RESOLUTION NO. 02-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE PARCEL .MAP 2002-106 TO SUBDIVIDE AN EXISTING 1.62-ACRE PARCEL INTO TWO PARCELS LOCATED AT 535 E. MAIN STREET FOR CONVEYANCE PURPOSES (APN NO. 401-612-03). The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A, That Tentative Parcel Map 2002-106 is a request to subdivide an existing 1.62-acre parcel into two parcels for conveyance purposes. The site contains a service station/car wash and a retail building currently under construction. B, That a public hearing was duly called, noticed, and held for said map by the Planning Commission on August 26, 2002, and the Planning Commission recommended approval of the project. Co That a public hearing was duly called and held for said map by the City Council on September 3, 2002. D, That the project is Categorically Exempt pursuant to Section 15315, Class 15 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). E, That, as conditioned, the proposed subdivision will conform with the Tustin Area General Plan, Tustin Zoning Code, State Subdivision Map Act, and the City's Subdivision Code. F, That the site is physically suitable for the type of development proposed. G, That the design of the subdivision is not likely to-cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat. Ho That the design of the subdivision proposed is not likely to cause serious public health problems. Resolution No. 02-81 Page 2 II. The City Council hereby approves Tentative Parcel Map 2002-106 to subdivide an existing 1.62-acre parcel into two parcels, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 3rd day of September, 2002. JEFFERY M. THOMAS Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do 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. 02-81 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 3rd day of September, 2002, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK GENERAL 1.1 (1) 1.2 (1) 1.3 (1) 1.4 EXHIBIT A TENTATIVE PARCEL MAP 2002-106 RESOLUTION NO. 02-81 CONDITIONS OF APPROVAL The proposed Project shall substantially conform with the submitted plans for the project date stamped September 3, 2002, on file with the Community Development Department, except 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 minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. Approval of Tentative Parcel Map 2002-106 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. ., As a condition of approval of Tentative Parcel Map 2002-106, 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-pa.rty 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. Within 24 months from tentative map approval, the subdivider shall record with appropriate agencies a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9323 of the Tustin Municipal Code. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPON'SIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 02-81 Page 2 (5) 1.6 (1) 1.7 CC&Rs (c) 2.1 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. The subdivider shall be required to execute subdivision/monumentation agreements and provide improvement/monumentation bonds to the City prior to recordation of the final map. Prior to final map approval, the subdivider shall submit: A. A current title report; and, A duplicate mylar of the Final Map, or 8¼ inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape, and improvement plans prior to Certificate of Acceptance. Prior to approval of the final map, all organizational documents for the project including any deed restrictions, covenants, conditions, and restrictions shall be submitted to and approved by the Community Development Department and-the City Attorney. The applicant is responsible for costs associated with the review of these documents. A copy of the final documents shall be submitted to the Community Development Department within five (5) days after their recordation. These provisions shall include, but not be limited to: the following: Ao 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. A covenant of easement for ingress; egress, parking, and a common trash enclosure shall be established. C. Maintenance association bylaws shall be established. D, Provisions for effective establishment, 'operation, management, use, repair, and maintenance of all common areas and facilities including landscaped areas, walls and fences, driveways, walks, parking spaces, utilities, and trash enclosures shall be included. Eo Membership in the maintenance association shall be inseparable from ownership in individual lots. F. Maintenance standards shall be provided for applicable items listed in Section D. Examples of maintenance standards are shown below: Exhibit A Resolution No. 02-81 Page 3 Go Ho Jo o All common area landscaping shall be properly maintained such that it is 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 pedestrian traffic along the walkways. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. , . All private driveways and sidewalks shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travel-ways should be removed or repaired promptly. Common areas and facilities shail 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, or that such a condition of deterioration or disrepair causes harm or is materially detrimental to property values or improvements within three huodred (300) feet of the property. Parking spaces, driveways, sidewalks, and other access to the site and buildings shall not be permanently ~r irrevocably assigned to any individual unit, tenant, or building.. The minimum required number accessible parking spaces required by the Americans with Disabilities Act (ADA) shall be maintained on each of the properties. All utility services serving the site shall be installed and maintained underground. The maintenance association shall be required to file the name, address, and telephone number of at least one member of the association before January 1.st of each year with the Community Development Department for the purpose of contacting the association. The maintenance association shall inform and disclose all new members of the association upon purchase or a lease agreement on limitation of use of the shared access, driveways, and all common areas and facilities. Exhibit A Resolution No. 02-81 Page 4 K. Future expansions of any of the buildings would be subject to discretionary approval by the Community Development Department or Planning Commission, as applicable. L. No amendment to alter, modify, terminate, or change the maintenance association's obligation to maintain the common areas and facilities or other CC&R provisions in which the City has an interest, as noted above, or to later modify, terminate, or change the City's right to enforce maintenance of the common areas and facilities shall be effective without prior written approval of the Community Development Department. PUBLIC WORKS DEPARTMENT (1) 3.1 A separate 24"x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public-improvements will be required adjacent to this development. Said plan shall include, but not be limited to, the following: a) Curb and Gutter b) Sidewalk, including curb ramps for the physically disabled c) Drive aprons d) Street lighting e) Catch basin/storm drain laterals f) Domestic water facilities g) Sanitary sewer facilities h) Underground utility connections I) Signing and striping j) Signing and striping of Class I Bikeway on Newport Avenue connection to existing storm drain system In addition, a 24" x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation will be required. (1) 3.2 Each parcel shall have a separate water meter and sewer lateral. Therefore, preparation of plans for and construction of: A. All sanitary sewer facilities must be su'bmitted as required by the City Engineer and local sewer agency. These facilities shall include a gravity flow system per the standards of Orange County Sanitation District No. 7. B. A domestic water system must be designed and installed to the standards of the City of Tustin Water Operations at the time of plan preparation. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange Exhibit A Resolution No. 02-81 Page 5 (1) 3.3 (1) 3.4 (1) 3.5 (1) 3.6 (1) 3.7 ('1) 3.8 (1) 3.9 (1) 3.10 County Health Department. Any required reclaimed water system shall meet the standards as required by the City of Tustin Water Operations. Applicant shall obtain approval/release from Eastern Orange County Water District prior to release of water services. Existing sewer, domestic water, reclaimed water, and storm drain service laterals shall be utilized whenever possible. The two driveways on Newport Avenue shall maintain a maximum width of 35 feet to comply with City Standards. Additionally, all drive approaches shall meet current Federal ADA requirements. The Newport Avenue driveway shall be restricted to right turn in/out access. Written approval from the adjacent property owner (Larwin Square) is required for the reconstruction of the common drive apron on Newport Avenue. On-street parking shall continue to be prohibited adjacent to the project site on Newport Avenue, Centennial Way, and Main Street. In addition to the normal full size plan submittal process, all final development 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 are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 13 or 14 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be ih AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 14. Drawings created in AutoCAD Release 13 or Release 12 are compatible and acceptable. Subdivider's execution of a subdivision/monumentation agreement and furnishing the improvement/monumentation bonds as required by the City Engineer shall be submitted prior to recordatioh of the final map. Prior to recordation of the final map, the application shall provide fire protection access easements and dedicate, them to the City. The easements shall be located within unobstructed areas and clear access shall be provided at all times. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. Exhibit A Resolution No. 02-81 Page 6 FEES (1) 4.2 The applicant shall submit to the City of Tustin any additional CC&R Review fee required at the time of submittal. The CC&R' Review fee includes one initial check and recheck of the document. If subSequent review is required, an hourly fee of $190 per hour (or rate in effect at the time of submittal) for City Attorney and $50 per hour (or rate in effect at the time of submittal) for Planning Staff is required. Within forty-eight (48) hours of approval o[ 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 forty- three dollars ($43.00) 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.