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HomeMy WebLinkAbout01 TPM 99-217 06-05-00DATE: JUNE 5, 2000 Inter- TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT TENTATIVE PARCEL MAP 99-217 SUMMARY: Tentative Parcel Map 99-217 is a request to subdivide a 5. 7 acre parcel at 15901, 15941 and 15991 Red Hill Avenue blto three parcelsfor conveyance purposes. On May 8, 2000, the Planning Commission recomnlended that the City Council approve the Tentative Parcel Map 99-217 with conditions to ensure conlpliance with the Subdivision Map Act. Applicant: Professional Real Estate Services L.L.C. · Owner: A/G Touchstone Warner Red Hill RECOMMENDATION That the City Council adopt Resolution No. 00-37 approving 217. Tentative Parcel Map 99- FISCAL IMPACT The Tentative Parcel Map is an applicant initiated project. The applicant paid fees to recover costs associated with the processing of this map. BACKGROUND The applicant is proposing to subdivide five (5.7) acres of land into three (3) parcels. The existing parcel is developed with three (3)'office buildings and a common parking area containing 334 parking spaces. No physical changes to any of the buildings, parking access or driveways is proposed. The site is located in the Irvine Industrial Complex Planned Community (Attachment A- Location Map) within the Planned Community Industrial/Business land use designation. On May 8, 2000, the Planning Commission held a public hearing and recommended approval of the subdivision. City Council Report TPM 99-217 June 5, 2000 Page 2 DISCUSSION Tentative Parcel Map The proposed subdivision will divide the property such that each parcel would contain an office building and the required number of parking spaces. The three (3) proposed parcels would subdivide the 5.7 acre site as follows: Parcel Street Dedication (~including additional five feet along Red Hill Ave.) Total Gross Area (Acres) 2.0+ 1.1+_ 1.6+ 1.0+- 5.7_+ Building Area (Square Feet) 44,466 20,446 30,492 The develOpment standards for the planned community are as follows: Minimum Site Area Maximum Site Coverage Front Yard Setback Side Yard Setback Rear Yard Setback t30,000 square feet 50 percent Thirty (30) feet Ten (10) feet, Thirty (30) feet for corner lots None The proposed property lines dividing the parcels would be placed ten (10) feet from the buildings and would distribute the on-site parking proportionate to the required parking for each building (Attachment B, Submitted Map). Parking and Access There are two (2) existing vehicular access locations to the site one on Warner Avenue approximately 300 feet north of Red Hill Avenue and one on Red Hill Avenue approximately 300 feet east of Warner Avenue. In 1985, Zone Change 84-8 was adopted which allowed the establishment of retail and restaurant uses in addition to the existing industrial and office uses and set forth parking requirements for retail, restaurant, and office uses. The zone change also changed the parking requirement for office use from one (1) space per 300 square feet to one (1) space per 250 square feet. However, since the site plan for the office park was approved in 1983 and no improvements are proposed in conjunction with the tentative parcel map, the office use parking standard prior to the zone change is applicable. As such, three (3) parking spaces per 1,000 square feet of office use are required. City Council Report TPM 99-217 June 5, 2000 Page 3 Parcel Building Area I Required Parking 44,466 I 134 20,446 I 61 30,492 ] 92 I 286 Provided Parking 139 (3 accessible spaces) 78 (2 accessible spaces) 117 (2 accessible spaces) 334 The site currently provides seven (7) disabled accessible parking spaces. These spaces are divided among the proposed parcels by proximity to each building. Condition 1.4 is included to ensure that each parcel will maintain the minimum number of disabled accessible parking spaces on each parcel. No modification to the existing parking area is proposed. The tentative parcel map is generally in compliance with State and City requirements. Conditions of approval contained in Exhibit A of Resolution No. 00-37 are included to ensure compliance with the Subdivision Map Act and the City of Tustin Subdivision Manual. In accordance with the City's Circulation Element, Red Hill and Warner Avenues are designated as major arterial highways that will be improved to six lane facilities in the future. The applicant has agreed to dedicate five (5) additional feet along the westerly side of Red Hill Avenue for right-of-way improvements to Red Hill Avenue and the area of dedication has been included on the Tentative Parcel Map. In .accordance with the City's Subdivision Ordinance Section 9332e, all lots are required to maintain direct access to public streets. For adherence to this requirement, Condition 1.3 is included to require execution of a reciprocal ingress/egress and parking agreement among all parcels. Furthermore, since direct access to all parcels is not provided, formation of a maintenance association would be required. The association would ensure direct unobstructed access to all parcels, parking, driveway and walkways in addition to maintenance of these areas. Condition 2.1 is included for arrangement of an association for the three properties and establishment of appropriate bylaws for maintenance and other applicable regulations to treat all parcels as one except for the building areas. ENVIRONMENTAL The subdivisiOn of land into four or fewer parcels is Categorically Exempt pursuant to Section 15315 (Class 15)of the California Environmental Quality Act. Minoo Ashabi Elizabeth A. Binsack Associate Planner Community Development Director MA:Tpm99-217.CCreport Attachments: A- Location Map B - Planning Commission Resolution No. 3725 C- Tentative Parcel Map D- Resolution No. 00-37 ATTACHMENT A Location Map LOCATIO N MAP ? / x. ? · £9; TR3~T 77;21 L~I' T;~IIC;' 7721 TRA£TLOT 7g721 ;,?ACT 772I ~. Lot 2 ~ i i rR~$TLOT ;721 CA YACIIIS LDZ ~ 14Ol t~lA $ [ 772' mAcr 772I LO[ ? LO[ B2 ~or ;3' RED HIlL AVENUE NO SCALE ATTACHMENT B Planning Commission Resolution No. 3725 2O 2.5 RESOLUTION NO. 3725 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP 99-217 TO SUBDIVIDE A 5.7 ACRE LOT INTO THREE PARCELS FOR CONVEYANCE AND FINANCING PURPOSES LOCATED AT 15901, 15941 AND 15991 RED HILL AVENUE The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: Ao That Tentative Parcel Map 99-217 was submitted by Professional Real Estate Services for consideration; Bo That a public hearing was duly called, noticed and held for said map on May 8, 2000 by the Planning Commission; C. That the project is Categorically Exempt pursuant to Section 15315 (Class 15) of the California Environmental Quality Act; Do That the proposed subdivision is in conformance with the Tustin Area General Plan, Tustin Zoning Code, State Subdivision Map Act and the Ci~'s Subdivision Cod:'.., E. That the site is physically suitable for the type of development proposed; F. That the site is physically suitable for the proposed density of development; e. That the design of the subdivision or the proposed improvements are not like!y to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; Ho That the design of the subdivision or the type of improvements proposed will not conflict with easements acquired by the public, for access through or use of the property within the proposed subdivision; and, That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. ~0 I? !$ 2O Resolution No. 3725 Page 2 Jo That in accordance with the City's Circulation Element Red Hill and Warner Avenues are designated as major arterial highways that will be improved to six lane facilities in the future. Implementation of improvements on Red Hill requires five (5) additional feet along the westerly side of Red Hill Avenue which the applicant has agreed to dedicate. Pursuant to the City's Subdivision Ordinance No. 1177, Section 9331(a), the subdivider is required to dedicate land required for street improvements as provided in Section 66475.2 of the Subdivision Map Act. I1. The Planning Commission hereby recommends that the City Council approve Tentative Parcel Map 99-217 to subdivide a 5.7 acre parcel into three parcels for conveyance purposes located at 15901, 15941 and 15991 Red Hill Avenue, subject to the conditions contained in Exhibit A attached hereto. F,-'.SSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, he!..~ on the 8:: day of May, 2000. ELIZABETH A. BINSACK Pi~.nning Commission Secretary ,~'i"'E~EN V. KOZAK Cha~rson STATE OF CALIFORNIA ) COUN'FY OF ORANGE ) CI I-FY OF TUSTtN ) 1, ELIT'AB~--'' ' - ,--~,, A. BINSACK, the undersigned, hereby certify that I am the Pianninc Commission Secretary of the Planning Commission of the Ci~ of Tustin, California; that Resolution No. 3725 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of May, 2000. Planning Commission Secretary EXHIBIT A TENTATIVE PARCEL MAP 99-217 RESOLUTION NO. 3725 CONDITIONS OF APPROVAL GENERAL The proposed prOject shall substantially conform with the submitted plans for the project dated May 8, 2000 on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in acc°rdance with this Exhibit. The Director of Community Development may also approve minor modifications to plans if such modifications are consistent with the provisions of the Tustin City. Code. In accordance with the City's Subdivision Ordinance Section 9323, and L,,,-: Subdivision Map Act Section 66474, the proposed subdivision shall be consistent with the General Plan and zoning 'regulations. .'".cc. ording to the City's Building DivisiOn records, Parcel one contsins a t,.¥o story building 44,466 square foot in area, The submitted plans note the square footage for this building as 44,363. Prior to consideration by the City Council, noted square footage, boundary lines and other infcrmation as may be required shall be revised to the satisfaction of the Community Development Director to demonstrate compliance with the following: On-site parking requirement by providing a parking summary for each parcel's on-site parking spaces at the following ratio: office Three (3) parking spaces for each 1,000 square feet Minimum Site Area of 30,000; Fifty (50) percent maximum site coverage; and, Maximum Floor Area Ratio of 1.5:1. SOURCE CODES (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exr, i3it-/-.,. PC Res3!ution No, ,3725 TPI/, 99-217 r,4, ay 8, 2000 Page 2 ~ !.6 (I; cc&Rs In accordance with the City's Subdivision Ordinance Section 9332e, all lots shall have direct access to public streets. A reciprocal ingress/egress, maintenance and parking agreement between all parcels shall be recorded. The agreement shall be submitted within thirty (30) days from the City COuncil approval date to Community Development. Department for review and approval by the City Attorney. Prior to re~rdation of the Tentative Parcel Map 99-217, proof or recordation of the agreement shall be submitted to the Community Development Department. Each parcel shall maintain the minimum number of disabled parking ssaces and access required by the American with Disabilities Act (ADA). Future expansion and or alteration of the parcels would require compliance with the Title 24 ADA requirements applicable at the time the building permits are issued. Uniess otherwise specified, the condi[ions contained in this Exhibit shall be complied with prior to recordation of the final map for the project, subject to review and approval of the Community Development De:artment. Approval of Tentative Parcel Map 99-217 is contingent upon the applicant and property'owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Communi~ Development. The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. The subject project approval shall become null and void unless a final map is submitted for review and approval within twenty four (24) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration.' Prior to approval of the final map, all organizational documents, for the establishment of a maintenance association of the three properties including any deed restrictions, covenants, conditions, and restrictions Exhibit- A, PC P. ess!:~tion r.;o. 3725 TPM 99-217 May 8, 2000 Page 3 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. CC&Rs shall include, but not be limited to, the following: 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. "Association" bylaws shall be established. Co Provisions for effective establishment, operation, management, use, repair and maintenance of all building and site improvement including landscaped areas, walls and fences, private roadways (i.e., walks, sidewalks, trails) and trash enclosures for the three proposed parcels shall be included. Do Membership in the "Association" shall be inseparable from ownership in individual lots. Maintenance standards shall be provided for applicable items listed in Section C above in CC&Rs. Maintenance standards shall include,' but not limited to, the following: · All building and site improvements contained within the three proposed parcels including but not limited to 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. Ail 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. 2. All private roadways and sidewalks shall be maintained Exhibit- A, PC Resolution No. 3725 TPM 99-217 May 8, 2000 Page4 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. In addition, the pedestrian access at the main project entry shall remain open and accessible to the public at all times. o Ali buildings and site improvements contained within the proposed parcels 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, or that such a condition of deterioration or disrepair cause harm or is materially detrimental to property values or improvements. Parking spaces, driveways, sidewalks and other access to the site and buildings shall not be permanently or irrevocably assigned to any individual unit, tenant or building. The minimum required number of parking spaces for each building shall be maintained on the property on which the building is located. Go All utility services'serving the site shall be installed and maintained underground. The "Association" shall be required to fiie the name, address, and telephone number, of at least one member of the Association. Board and the project manager before January 1st of each year with the Community Development Department for the purpose of contacting the Association. The "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 parking spaces. Jo For the purposes of sign installation, the three properties would be entitled to one sign per street frontage consistent with the Tustin Sign Code. Exhibit- A, PC ResolutionN:.3725 TPM 99-217 May 8,2000 Page 5 Ko Future expansions of any of the buildings would be subject to a design review application by the Community Development Department and the applicable prevailing codes and regulations. No amendment to alter, modify, terminate or change the Association's. obligation to maintain the buildings and site improvements contained within the three proposed parcels and the project perimeter wall 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 buildings and site improvements within the three properties and the project perimeter wall and improVements, shall be effective without prior written approval of the Community Development Department. WORKS DEPARTMENT The subdivider shall dedicate five (5) feet of street right-of-way along Red Hill Avenue plus the appropriate corner cut-off for future street widening in the form of an irrevocable offer of dedication. The offer of dedication shall state that the City of Tustin shall be permi~ed to obtain, at no cost, a right-of-entry for all on-site joins when the ultimate street improvements are constructed. Provide legal descriptions and sketches as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor to the Engineering Division for review and approval. 3.2 The subdivider shall record with appropriate agencies, Final Parcel Map 99-217 prepared in accordance with subdivision, requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein. 3.3 ~--ne subdivider shall conform to all applicable requirements of the State Subdivision Map Act and the City's Subdivision Ordinance. 3.4 As required by the Subdivision Map Act, the subdivider shall execute a Subdivision and · Monumentation Agreement and furnish the lmprovement/blonumentation Bonds as required by the City. Engineer prior to recordation of the Final Map. r',e~a~ut~on No. 3725 Exhibit- A, PC '" ' ' ' TPM 99-217 May 8, 2000 Page 6 ORANGE COUNTY FIRE AUTHORITY (5) 4.1 Pdor to recordation of the Final Parcel Map, the applicant shall obtain all necessary approval from the Orange County Fire Authority (OCFA). (5) 4.2 Prior to recordation of the Final Parcel Map, the applicant shall obtain approval of the Fire Chief for ali fire protection access easement, required for fire department access within 150 feet of all portions of the exC, erior of every structure on the site. This access easement shall c!eady be defined on the parcel map with a statement identifying the e~'sement. The entire lopped fire department access road will be required to be identified as an easement for fire department access, and any other portion of roads required to obtain access to within 150 feet of any and all portions of the exterior. 5.1 The applicant shall submit to the Ci~ of Tustin any additional CC&R Review fee required at the time of submittal. The CC&R Review fee ~,:..,udes one initial check and recheck of the document. If subsequent review is required, an hourly fee of $150 per hour (or rate in effect at the fi,me of submittal) for City Attorney and $50 per hour (or rate-in effect at the time Of submittal) for Planning Staff is required. (5) 5.2 W"~thin 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 $38.00 (thirty eight dollars) to enable the City to file the appropriate environmental documentation for the project, if within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested par[y to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. ATTACHMENT C Tentative Parcel Map !: i SE) ®®®®®® ATTACHMENT D Resolution No. 00-37 ]2 ]4 20 22 23 24 25 26 27 RESOLUTION NO. 00-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE PARCEL MAP 99-217 TO SUBDIVIDE A 5.7 ACRE PARCEL LOCATED AT 15901, 15941 and 15991 RED HILL AVENUE INTO THREE NUMBERED PARCELS FOR CONVEYANCE PURPOSES. 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 99-217 to subdivide one parcel into three parcels for conveyance purposes had been filed by Professional Real Estate Services on behalf of AG/Touchstone Warner Red Hill L.L.C. for consideration; Bo That a public hearing was duly called, noticed and held for said map on May 8, 2000 by the Planning Commission, and the Planning Commission recommended that the City Council approve the project; C, That a public hearing was duly called, noticed and held for said map on June 5, 2000 by the City Council; Do That the project is Categorically Exempt pursuant to Section 15315 (Class 15) of the California Environmental Quality Act; Eo That the proposed subdivision is in conformance 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 site is physically suitable for the proposed density of development; H. That the design of the subdivision or the proposed imprOvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; That the design of the subdivision or the type of improvements proposed will not conflict with easements acquired by the public, for access through or use of the property within the proposed subdivision; and, J. That in accordance with the City's Circulation Element Red Hill and l0 ~2 30 24 "7 25 Resolution No. 00-37 TPM 99-217 June 5, 2000 Page 2 Warner Avenues are designated as major arterial highways that will be improved to six lane facilities in the future. Implementation of improvements on Red Hill requires five (5) additional feet along the westerly side of Red Hill Avenue which the applicant has agreed to dedicate. Pursuant to the City's Subdivision Ordinance No. 1177, Section 9331(a), the subdivider is required to dedicate land required for street improvements as prOvided in Section 66475.2 of the Subdivision Map Act. Ko That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. II. The City Council hereby approves Tentative Parcel Map 99-217 to subdivide one parcel into three parcels for conveyance purposes at 15901, 15941 and 15991 Red Hill Avenue, 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 5th day of June, 2000. JEFFERY M. THOMAS MAYOR PAMELA STOKER CITY CLERK GENERAL (1) 1.1 (1) 1.5 EXHIBIT A TENTATIVE PARCEL MAP 99-217 RESOLUTION NO. 00-37 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project dated June 5, 2000 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 if such modifications are consistent with the provisions of the Tustin City Code. In accordance with the City's Subdivision Ordinance Section 9323, and the Subdivision Map Act Section 66474, the proposed subdivision shall be consistent with the General Plan and zoning regulations. In accordance with the City's Subdivision Ordinance Section 9332e, all lots shall have direct access to public streets. A reciprocal ingress/egress, maintenance and parking agreement between all parcels shall be recorded.' The agreement shall be submitted within thirty (30) days from the City Council approval date to Community Development Department for review and approval by the City Attorney. Prior to recordation of the Tentative Parcel Map 99-217, proof or recordation of the agreement shall be submitted to the 'Community Development Department. Each parcel shall maintain the minimum number of disabled parking spaces and access required by the American with Disabilities Act (ADA). Future expansion and or alteration of the parcels would require compliance with the Title 24 ADA requirements applicable at the time the building permits are isSued. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to recordation 'of the final map for the project, subject to review and approval of the Community Development Department. SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Resolution No. 00-37 TPM 99-217 June 5, 2000 Page 2 (1) 1.6 Approval of Tentative Parcel Map 99-217 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.7 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. (1) 1.8 The subject project approval shall become null and void unless a final map is submitted for review and approval within twenty four (24) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. CC&Rs (1) 2.1 Prior to approval of the final map, all organizational documents for the establishment of a maintenance association of the three properties 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. CC&Rs shall include, but not be limited to, the following: A. 'The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest, as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs. B. "Association" bylaws shall be established. C. Provisions for effective establishment, operation, management, use, repair and maintenance of all building and site improvement including landscaped areas, walls and fences, private roadways (i.e., walks, sidewalks, trails) and trash enclosures for the three proposed parcels shall be included. D. Membership in the "Association" shall be inseparable from ownership in individual lots. Resolution No. 00-37 TPM 99-217 June 5, 2000 Page 3 Eo Fo Maintenance standards shall be provided for applicable items listed in Section C above in CC&Rs. Maintenance standards shall include, but not limited to, the following: . All building and site improvements contained within the three proposed parcels including but not limited' to 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 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 roadways 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. In addition, the pedestrian access at the main project entry shall remain open and accessible to the public at all times. . All buildings and site improvements contained within the proposed parcels 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, or that Such a condition of deterioration or disrepair cause harm or is materially detrimental to property values or improvements. Parking spaces, driveways, sidewalks and other access to the site and buildings shall not be permanently or irrevocably assigned to any individual unit, tenant or building. The minimum required number of parking spaces for each building shall be maintained on the property on which the building is located. Resolution No. 00-37 TPM 99-217 June 5, 2000 Page 4 Go Ho J, Ko All utility services serving the site shall be installed and maintained underground. The "Association" shall be required to file the name, address, and telephone number of at least one member of the Association Board and the project manager before January 1St of each year with the Community Development Department for the purpose of contacting the Association. The "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 parking spaces. For the purposes of sign installation, the three properties would be entitled to one sign per street frontage consistent with the Tustin Sign Code. Future expansions of any of the buildings would be subject to a design review application by the Community Development Department and the applicable prevailing codes and regulations. No amendment to alter, modify, terminate or change the Association's obligation to maintain the buildings and site improvements contained within the three proposed parcels and the project perimeter wall 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 buildings and site improvements within the three properties and the project perimeter wall and improvements, shall be effective without prior written approval of the Community Development Department. PUBLIC WORKS DEPARTMENT The subdivider shall dedicate five (5) feet of street right-of-way along Red Hill Avenue plus the appropriate corner cut-off for'future street widening in' the form of an irrevocable offer of dedication. The offer of dedication shall state that the City of Tustin shall be permitted to obtain, at no cost, a right-of-entry for all on-site joins when the ultimate street Resolution No. 00-37 TPM 99-217 June 5, 2000 Page 5 improvements are constructed. Provide legal descriptions and sketches as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor to the Engineering Division for review and approval. (1) 3.2 The subdivider shall record with appropriate agencies, Final Parcel Map 99-217 prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions' contained herein. (1) 3.3 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act and the City's Subdivision Ordinance. (1) 3.4 As required by the Subdivision Map Act, the subdivider shall execute a Subdivision and Monumentation Agreement and furnish the Improvement/Monumentation Bonds as required by the City Engineer prior to recordation of the Final Map. ORANGE COUNTY FIRE AUTHORITY (5) 4.1 Prior to recordation of the Final Parcel Map, the applicant shall obtain all necessary approval from the Orange County Fire Authority (OCFA). (5) 4.2 Prior to recordation of the Final Parcel Map, the applicant shall obtain approval of the Fire Chief for all fire protection access easement, required for fire department access within 150 feet of all portions of the exterior of every structure on the site. This access easement shall clearly be defined on the parcel map with a statement identifying the easement. The entire lopped fire department access road will be required to be identified as an easement for fire department access, and any other portion of roads required to obtain access to within 150 feet of any and all portions of the exterior. FEES (1) 5.1 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 houdy fee of $150 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. Resolution No. 00-37 TPM 99-217 June 5, 2000 Page 6 (5) 5.2 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 $38.00 (thirty eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that 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.