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Home My WebLink About01 TPM 2005-240 WALNUT 02-21-06 AGENDA REPORT MEETING DATE: FEBRUARY 21, 2006 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: TENTATIVE PARCEL MAP 2005-240 SUMMARY: Tentative Parcel Map 2005-240 is a request to create a condominium office complex with eleven (11) suites within an existing 33,669 square foot two-story office building developed on a 2.176-acre site located at 2552 Walnut Avenue (Applicant: Pacific Pointe Properties, LLC). RECOMMENDATION: That the City Council adopt Resolution No. 06-26 approving Tentative Parcel Map 2005- 240 for a condominium office building at 2552 Walnut Avenue. FISCAL IMPACT: Tentative Parcel Map 2005-240 is an applicant-initiated project. The applicant has paid applicable fees for the processing of this project. E NVIRONMENTAL: This 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). BACKGROUND: The project site is 2.176 acres in area and located at the southwest corner of Walnut Avenue and Franklin Avenue within the Irvine Industrial Complex and the City's Planned Community Industrial (PC-IND) zoning district (Attachment A - location Map). The site is developed with a 33,669 square foot two-story office building. Plans for interior and minor exterior modifications to the building are currently in plan check and are attached for reference (Attachment B -Improvement Plans). Tentative Parcel Map 2005-240 February 20, 2006 Page 2 The applicant is proposing to create a condominium office complex to accommodate eleven (11) office suites ranging in size from approximately 1,600 square feet to 5,900 square feet subject to approval of Tentative Parcel Map 2005-240 (TPM 2005-240) (Attachment B - Design Review Site Plan and Elevations). The Planning Commission recommended approval of the tentative parcel map by adoption of Resolution No. 4015 on February 13, 2006. DISCUSSION: Tentative Parcel Map The project site is 2.176-acre project in area and is currently accessed via a driveway on Franklin Avenue and Walnut Avenue. The building site is part of a five parcel complex with common access from Walnut Avenue and Franklin Avenue that were developed in 1985. The five parcels are subject to Covenants, Conditions, and Restrictions (CC&Rs) recorded on June 14, 1985, that assign approval authority for exterior modifications to the property owner of the largest parcel which is located at 2492 Walnut Avenue. The approval letter and the relevant portion of the CC&Rs are included as Attachment C. No modification to the common drives and the parking area is proposed. The existing landscaping includes shrubs at the driveways that are prohibited within the required sight visibility areas. Condition 2.2 requires that the existing shrubs be replaced with ground cover within these areas, subject to final approval of the Community Development and Public Works Departments. All existing easements will remain in effect; however, the applicant will create additional Covenants, Conditions, and Restrictions (CC&Rs) per Condition 3.1 of Resolution No. 4015. The City's Engineering Division has reviewed TPM 2005-240 and determined that it is technically correct. The new parcel complies with the development standards of the Planned Community Industrial zoning district, including building site area and lot width, and with State subdivision requirements. The original approval for development of the office building in 1985 required the parking spaces based on a parking ratio of one (1) parking space per 250 square foot of office use and one (1) parking space for 1000 square foot of warehouse/storage as an ancillary use (approximately ten percent). The site includes 123 existing parking spaces and all the parking will continue to be shared among all suites. With application of the previous parking ratio for the new office suites, adequate parking should be provided. The following is a summary of allocated areas for the new office suites: Tentative Parcel Map 2005-240 February 20, 2006 Page 3 Unit/Suite Net Office S.F. Storage I Other Gross Office. S.F. Parkin. Ratio 1/250 1/1000 1-110 4,731 638 5,964 2-130 3,833 517 4,832 3-150 1,768 238 2,229 4-160 1,717 232 2,165 5-170 1763 238 2222 6-180 2,010 271 2,534 7-190 2239 302 2,823 First Floor Total 18,061 2,435 22,768 8.210 3,963 534 4,996 9-250 1,339 181 1,688 10-270 1,769 239 2,230 11-290 1,576 212 1,987 Second Floor Total 8,647 1,166 10901 Total Building. Area 26,708 3,601 33,669 Required Parking Common S.F. 3,360 at 1/250 . included in the gross office per 13 spaces suite Storage I Other S.F. 3,601 at 1/1000 4 spaces Office Use 26,708 at 1/250 106 snaces Total Parking Required 123 spaces Environmental Review Pursuant to Section 15315, Class 15 of the California Environmental Quality Act (CEQA), Tentative Parcel Map 2005-240 is exempt from the provisions of CEQA since it involves 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. Findings to support approval of Tentative Parcel Map 2005-240 are included in Resolution No. 06-26 for the City Council's consideration. Minoo Ashabi Associate Planner Elizabeth A. Binsack Community Development Director Attachments: A- Location Map B- Exterior and Interior Modifications - Submitted Plans C- Approval Letter D- Tentative Parcel Map 2005-240 E- City Council Resolution No. 06-26 S:\Cdd\CCREPORTìTPM 2005-240(2552 Walnut)CC Report.doc ATTACHMENT A Location Map LOCATION MAP PROJECT NO. AODRESS ftto.JeG'\ ~1Tt!. ŒD~ ~~ rm É Ë Ii PA", . . - : ~ . . . ¡ ATTACHMENT B Submitted Plans ~'fiJ ,',Wm"""""" žl81111 .11 : u iI ~ íI.LYHo.nIOJ NLLSill. I ~ : 2 ~ ~i dl ~ ~~ ti ~ I '" Ii Ii Ii '",12 ~ II L II ~ I II ¡Udi I 1 '. II ' ,I 11111111" " ,; ¡, ¡; I !I.. 'l'I,l;'llllill' .. III I ," '1111. 1* I . ~' I IIII 110;(1: 'Ii ¡ I ¡I II 'I ,I i I 1".,.1' "~I ::I I " . 1."'1"'11'," II II ~i I II~ !!!! 1 ' III '-I II I! I .L... II I,ll ¡¡!I!I!II;IIII.I ¡ 'I I if I ~ ¡~I ! ni III! i ~ iI ! I i! Iii Ii I. I ; I ~ , . .-lldl'; 'IIII_II!I a If I!. I I ~ III Ii lIi!\ II~pUI,HI i ~ ~ . Ii ~ . IIi mH~~~i~i~JI9~'!!~lm I~ Illi¡!1i ¡I! 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S Q. i'il ¡:: --~ Q. ~ --0 i5 .. .. ¡I. II! I . ~ ¡Iii I ~ d d I! i iij I' II: I II Q. II II II 'I '" I ..1 I I ~lln=gll ~ I till. L I: lilt I;; IIln,I,. I ~ 888888888 I I.¡"II". I ! 1.11, III II I ."1 I II I ;111~lll'i' II I II'~III::II ;' !S".- .:1..,- 151.11 hi!., .I í hili ¡~! !!~i ill! 1:l11'.Ii:1 ~I illlI.. . II p)I'!i .. ~ !!;¡J: !I!:!i;! IPI ~ ATTACHMENT C Approval Letter & CC&Rs G PACIFIC POINTE ..-- PARTNERS, INC. -- December 12. 2005 Mr. Robert L. Balmes P.O. Box 3909 Orange. CA 92857 Subject Property: 2552 Walnut Avenue, Tustin, CA. Dear Bob: It was enjoyable speaking to you again over the phone. Enclosed. as we discussed. please find a rendering of the proposed building elevation for 2552 Walnut Avenue. Tustin. CA as well as our Landseape Planting Plan dated 11/15/05 and rendering. We are in process of our second plan check with the City of Tustin and are scheduled for final approval the first week of January and issuance of a building permit thereafier. As the largest owner in the Tustin Corporate Center. you have the obligation to approve on behalf of the owners of the Tustin Corporate Center. the proposed exterior renovations to 2552 Walnut Avenue. In order to simplifY the process for both of us. we are hereby requesting that you consent to our proposed renovation with the express understanding that your consent is conditioncd upon Pacific Pointe Partners obtaining the approval of the City of Tustin for the exterior renovations as evidenced by a building permit. If you are in agreemcm with this proccss for approving Ihe cxterior renovation. please acknowledge your consent below. and return a copy of this letter with your signature in Ihe enclosed envelope. Thank you for your courtesy and I look forward to meeting you in person. Sincerely. Pacific Pointe Partners, Inc. Roberl L. Balmes 3636 Birth St., Suite 260 Newport Beach. CA 92660 Tet: (949) 724-9990 Fax: (949) 724-9991 NiteOwlPlus - Property Details Property Details 2492 WALNUT AVE TUSTIN, CA 92780-6953 Page I of 1 Pro¡><>rty La" Updated 10131120059:59:20 AM County Last Updated 121712005101331 PM Parcel Owner!s) Site Address: Mail Address' Sales and Lnan Information -~------- Recording Date: Sale Pnee: Sale Code: Document #: Document Type. Deed Type. Loan Amt 1 St Loan type BALMES ROBERT L 2492 WALNUT AVE TUSTIN, CA 92780.6953 PO BOX 3909 ORANGE, CA 92857.0909 View Property History 07112/1990 NIA F. SALE PRICE (FULL) 00000036905t GRANT DEED UNKNOWN NIA UNKNOWN Ass"ssm.nl and Ta, Information Lender Name: Title Company: Loan Amt Other: Seller' Prior Sales Prtce- Prior Sales Dale: Prior Doc" Prior Doc Type: N/A NIA NIA TUSTIN CORPORATE PARK L TO NIA NIA NIA UNKNOWN Value. Assessed Land Value: Tax Area: Owner Exempt $2,685,992 $1,243,772 13036 NIA Assessed Improved %. Tax Year: Tax Amount. $1,442,220 53.69% 2004 $27,986.78 Use Code' Zoning: Legal: Map Grid. County: Tract Lot. Lot Size- Acreage: Garage: Fireplaces- Census Tract. ORNIA PM 199-34 PAR 4 AND POR OF PAR 3 PAGE 830 GRID D7 OR NIA NIA 28,880 0.663 UNKNOWN NO 052502 Old Map-Grid (CA only)' Municipality. Subdivision Name: Bathrooms: House Style: Yr Built! Effective Yr Built Pool: Flood Zone 10. Census Block: PAGE 24 GRID A5 NIA N/A NIA UNKNOWN 1986 I NIA NO 0602350283H 4 http:!!www,niteowlplus.neUcontenVprofilc!pDctails F A,asp?PROP;9870 16158&ST A TEoCA&Counly... 12!21!2005 Page 1 01'3 ....,...,PI81 i" "", Mapa Maps Ic, the pace., "umber 432.491.35 w.'. Iouqç! 2492 WALNUT AVE TUSTIN. CA 92780.6953 Map 1 of 3 431.49 f'<:>,~e2"í I'<¥'¡.¡ jI: 1~L-4'1i 51 i{¡ N >; ""'"" ",.Ot t)'.JJ 1!11("¡/¡ !fl/lfSIB. ~ClM1.II¡j ~"f/,'IIJ$ """:I//P PII(¡:I/IJ' UI'« U..!'kl¡ro'¡"', UJJIHII.II p.~rl'J1.W¡¡.¡¡.JI P,~ 11'"", 191.)1, 2IJ'~ ~, '.0"1 ".'i' D SaveNiew in .TiF torm.' (o"ng..c.\.~.40\ad_2003.11.17.upØ\.d.mds.'iffisds,a'm\b430-459\432.49.00._.0700._.0300.000) http://www.niteowlplus.net/contentiprofiJe!PlatView.asp''PROP=9870 16158 12!21!2()()5 s 11S1HX3 --,- """"""".-'- v-- '" '~ I!..':;'¡¡'~ -t- .-t- ' '\.:z.~ ~~~ CÞ2SJ2-s~ . ~ ~ 7! æ 3 7! I .:¡ :: ~ ø. ~ u ç ~ .. H < M ~ ~ ~IIIII ..-- ~ ~\ &- <.J tt ~ \, 85-218243 RECORDING REQU&STSO BY AND IftŒN RECORD£]) RE'1'tIRN TOI OU.~lIIOII!$I'" TICORlIlllIIIS t:/) ClfCAlIF. Gibson, Dunn & Crutcher 800 Newport Center Drlve, Suite 600 ~wport Beach, Cal Hornla 92660 ~~~ '" OfFICIA, A~(;OII!ns v~fèoUforv.""'lFo""^ .3~~ PM JllN14'S5 '*(';-.;'1..........(.. =. Attention, Jay F. Palchlko£C ~ DECLARATION OF COV&NANTS, CONDITIONS, R&STRICTIONS AND R&S&RVATIONS OF &ASEMENTS Thh declaration is made aa of thh 11th day of Juna 1985, by Tustin Corporata Park Limlted, a California limited partnership (herelnafter "Daclarant",. RECITALS WH&R&A5, D<oclarant ia the owner of certeln real property (herainaftar "The Subject Property") ln the County of Oranqa, State of California, whlch 10 .ore particularly de.crlbed ln hhibit "A" which 18 attached hereto and incorporatad herein by thio reference, WHEREAS, in order to establish a qanerel plan for ...lntenanca, upkeep, improvement and development of the Subject Property, Declarant dedrea to impo.e on the Subject Property certaln covenants, conditions, reatrictlons and re.ervaUons of e..amanta upon whlch an of the parca18 wlthln the Subject Property .hall be u.ed, held, 1111>roved .nd conveyed, WHER&AS, each and every proviolon and restrictlon contained herein shall be illlpOsed on every parcel within the Subject Property as a IllUtual equltable .ervltude in favor of all other parcele wtihin the Subject Property: and WPN: JFP/1l34F ~ ~ ~ ~ ~ / ?'i ~ 'ü!' 85-218243 Said easements shall includs all laterals required to brln<;¡ the respective utility ..rvice. to each parcel. Se1d easement. .hell be in the locetions ee instIlled n of the date of the recordation of thh Declaration or at such locations as deter~ined by the Manallinll OIIner and in accordance with the Clty of Tustin's "M1nlmWl Desiqn Standards for Public Works Improvements constructed within Public: Ri<;¡hts of Way or Improve..nts to bs ....inte1ned with P..blic Funds." Said easement. .hall also Include incidental en....nts for maintainance, repair and rep1acment of the above-...ntioned lines. wirea, conduits, pip.. snd related eql>ipment. Said enemente shall not be used in auch a manner ao aa to ..nre..onably interfere with the uae and enjoY"'ent of any parcel within the Subject Property. 3. Maintenance and Asse.-ents. a. Shared Maintenence £XÞen"e". Declarant shall be the Mene91nq OIIner 80 10nq as it owns any portion of ths Subjec:t Property. Thereafter. the owner of the larllest s1n91s parcel within the Subject Property on a square foota98 basb shall be the Mana9inq OIIner. The Manaqlnq OWner shall be responsible for $upervisin<;¡ and coordinatlnq all maintenance and repair work done on the herein described utility .ervices. The Mana9inq OWner ehall be responsible for enterin9 into all aqre...ents on behalf of all owners of parcela within the S..bject Property for purpose. of meinta1ninq all ..Ulity .ervlcea, hook..pa and conduits In a manner consistent wlth the safe operation of such utilities p..rauant to the <;J\lldelinea e.tablished by the 7 ATTACHMENT D Tentative Parcel Map 2005-240 -z~ 0 (t 1 ~! I ;.: ~ ~i! i !B; ~ Q.~~ ~ I~~ ~~~ ~ q ...J ~ 15 LLlz ... ~ .~ /' " '" ,¡ I . i! . .¡ !!Ii, I: ¡iI: ¡¡!IIII u:!hm 11:11111 i;;~;~~~~;;liii , :1 . I!IIIIP I I~ ,IIII!!!!! , , , , j " III, , I '.' ¡ I " r, I , 1 II ... ill I .1 q:'Ji I Ii "d., ,I ¡. I,II!I II " "-:11 !~ !! 111111 Iii III II'¡ I: 'i I 1,1 II Ii ~! IIII! II VIJ\f go:£o:o~ 900l/£lH '~¡no^el 'DMP'Ovl-9OOGVlJdlISaeVIJIÐM0\9 it' ! Id II,' !( ., , I I ¡ ,'! ;'1 'I I! I I ! I I' , :, I! ¡ j! I'II ¡I I! 'I Ii I ¡i Ii I !iI! li!i U i j' i 1111 !¡W il !I' ;! I ¡! , ,,1,1 III ,. I , II ,II II Ii Ii ill: ¡!1i I !! II Ii I! I' !iq! ¡! Iii " ;h,iiill¡!I!;!I:~II:!il'! ¡'lfi!l. Vi Í: Hi I! Ii I! iH~ ; i ¡I! i I!!! I ¡¡¡:Ii ~ I~,I ,r I ,Ii! . . ¡"I' ¡!i ~ II!II!!. .!i il,mlll,!,!! n' !!!~~~~~~ hI I'"' ! I I 1.-, I;.. I pl. I-!II-!:~ -" > I .. ¡;j ¡¡jó: ~ ~ ¡¡'ì' ~ i! ~h ~ .,N 3 . '" . ~ ~ ,...0 ~ ..", !; ¡: II" i II I ¡¡ , .~.I ; ~g I, ~Iil ,-Ii i III II . II . .. . - iii ATTACHMENT E Resolution No. 06-26 RESOLUTION NO. 06-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE PARCEL MAP 2005-240 TO CREATE A PARCEL FOR CONDOMINIUM PURPOSES AND MULTIPLE SUITES WITHIN AN EXISTING TWO- STORY OFFICE BUILDING LOCATED AT 2552 WALNUT AVENUE The City Council of the City of Tustin does hereby resolve as follows: I. G. H. The City Council finds and determines as follows: A. That a proper application for Tentative Parcel Map No. 2005-240 was submitted by Gary Levinski on behalf of Pacific Pointe Partners, LLC requesting approval to create a condominium office complex within an existing two-story office building located at 2552 Walnut Avenue; B. That on February 13, 2006, the Planning Commission adopted Resolution No. 4015 recommending that the City Council approve Tentative Parcel Map 2005-240; C. That a public hearing was duly called, noticed, and held for said map on February 21, 2006, by the City Council; D. That the proposed subdivision is in conformance with the Tustin General Plan land use designation of Planned Community Commercial/Business and Planned Community Industrial (PC-IND) Zoning District in that these designations provide for the development of office, research and development, and warehouse uses; E. As conditioned, the map would be in conformance with the State Subdivision Map Act and Tustin City Code Section 9323 (Subdivision Code); F. That the site is physically suitable for the type and density of development proposed; That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems; That the parcel map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; and, Resolution No. 06-26 Tentative Parcel Map 2005-240 Page 2 I. The parcel map 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). II. The City Council hereby approves Tentative Parcel Map 2005-240 to create a condominium office building on a 2.176 acre parcel developed with a 33,669 square foot two-story office building, 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 21st day of February, 2006. DOUG DAVERT MAYOR PAMELA STOKER CITY CLERK STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) SS " 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. 06-26 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 21st day of February, 2006, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK GENERAL (1 ) 1.1 (1) 1.2 (1) 1.3 EXHIBIT A RESOLUTION NO. 06-26 TENTATIVE PARCEL MAP 2005-240 CONDITIONS OF APPROVAL The proposed Project shall substantially conform with the submitted improvement plans on file, and the Tentative Parcel Map 2005-240, dated February 21, 2006, 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 2005-240 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 2005-240, 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 fried against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW EXCEPTION (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 06-26 TPM 2005-240 Page 2 (1) (1 ) 1.4 Within twenty-four (24) months from tentative map approval, the subdivider shall record with appropriate agencies a final map prepared in accordance with subdivision requirements of the Tustin 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. 1.5 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. PLANNINGI BUILDING (3) 2.1 (*) 2.2 (*) 2.3 The development plans for the office complex shall meet all the requirements of the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. Within the visibility triangles as shown on the tentative parcel map only ground cover should be installed and all other landscaping and all signs within these areas removed. The 123 parking spaces are allocated among all suites based on ninety (90) percent office use and ten (10) percent storage use. All parking shall be shared among all suites and there shall be no assigned parking spaces. PUBLIC WORKS DEPARTMENT (1 ) 3.1 (1) 3.2 (1) 3.3 (1) 3.4 The applicant shall satisfy dedication and/or reservation requirements as applicable, including but not limited to, dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer and other agencies. Owner's execution of a subdivision/monumentation agreement and furnishing the improvemenUmonumentation bonds as required by the City Engineer prior to recordation of the final map will be required. Preparation and recordation of a final subdivision map will be required. In addition to the normal full-size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, Exhibit A Resolution No. 06-26 TPM 2005-240 Page 3 (1 ) 3.5 (1 ) 3.6 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 DepartmenUEngineering Division in computer aided design and drafting (CAD D) format. The standard file format is AutoCAD Release 14 or 2000 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 in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2000. Drawings created in AutoCAD Release 2000 or Release 14 are compatible and acceptable. 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. Current Federal Americans with Disabilities (ADA) requirements shall be met at the drive aprons, pedestrian walkway and curb ramps. COVENANTS, CONDITIONS. AND RESTRICTIONS ICC&Rs) (1 ) 4.1 Prior to recordation of the final map all organizational documents for the project including any covenants, conditions, and restrictions (CC&Rs), shall be submitted to 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: A. The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs. B. The requirement that association bylaws be established. C. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including buildings and amenities, landscaped areas, walls and fences, private roadways (i.e., walks, sidewalks), etc. Maintenance standards shall also be provided. Examples of maintenance standards are shown below. Exhibit A Resolution No, 06-26 TPM 2005-240 Page 4 D. E. F. G. 1. All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. 2. All private roadways, sidewalks, and open space areas shall be maintained so that they are safe for users. Significant pavement cracks; pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travel ways should be removed or repaired promptly. 3. Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare. Membership in the association shall be inseparable from ownership in individual units. Architectural controls shall be provided and may include, but not be limited to, provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as mechanical equipment, television and radio antenna, and signs, consistent with the Tustin City Code and the Planned Community Industrial zoning district. 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. The CC&Rs shall include provisions that are consistent with the requirements of the existing CC&Rs recorded on June 14, 1985, for the five building office complex. Exhibit A Resolution No. 06-26 TPM 2005-240 Page 5 ORANGE COUNTY FIRE AUTHORITY (5) 5.1 FEES (1) 6.1 (1 ) 6.2 Prior to recordation of Final Parcel Map 2005-240, the applicant shall obtain all necessary approvals from the Orange County Fire Authority. 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 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. The applicant shall reimburse the City of Tustin for the actual cost incurred to the City by the City Attorney and/or Special Counsel service for review of the CC&Rs per City Council Resolution 05-99.