HomeMy WebLinkAbout08 SPECIFIC PLAN AMENDMENT 2020-00001 DocuSign Envelope ID:2208DOB8-AD7E-40ED-9734-ABA55E78A9A7 . Agenda Item 8 Reviewed: AGENDA REPORT City Manager �W Finance Director N/A MEETING DATE: OCTOBER 6, 2020 TO: MATTHEW S. WEST, CITY MANAGER FROM: JUSTINA L. WILLKOM, ACTING DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: SPECIFIC PLAN AMENDMENT 2020-00001 SUMMARY: The project is a request to amend the Downtown Commercial Core Specific Plan (DCCSP) to allow only office uses to be established within the existing buildings at Wellington Plaza located in Development Area 3 of the DCCSP at 505-515 E. First Street. On August 25, 2020, the Planning Commission adopted Resolution No. 4407 recommending that the City Council approve the proposed project. APPLICANT: Art Bashmakian Sagecrest Planning and Environmental 2400 E. Katella Avenue, Suite 800 Anaheim, CA 92806 PROPERTY OWNERS: Multiple owners (on file) BACKGROUND: On September 15, 2020, the City Council continued their consideration of Specific Plan Amendment (SPA) 2020-00001 to October 6, 2020, to provide the City Attorney adequate time to review the matter related to correspondence received on September 14, 2020, from Mr. Alan Thomas, who is one of the sixteen Wellington Plaza property owners. At the time of the original application, all owners including Mr. Thomas agreed to submit the application in support of the project. However, after the Planning Commission reviewed the proposed amendment, and one day prior to the September 15, 2020, City Council meeting, Mr. Thomas changed his mind and submitted a letter of opposition to SPA 2020-00001 (Attachment E). Since the application is no longer supported by 100 percent of the ownership of Wellington Plaza, the City Attorney reviewed State law, the Downtown Commercial Core Specific Plan (DCCSP), and the Tustin City Code and concluded that a Specific Plan amendment is a legislative matter of the nature of an amendment to the zoning code in that it seeks to modify a regulation upon property like other zoning code amendments. As a result, such an amendment may be initiated in the manner authorized in Tustin City Code section 9295c (e.g., by one or more record owners of property which is the subject of the DocuSign Envelope ID:3EOF6F43-F5E6-4OA4-BC88-03441606927B City Council Report October 6, 2020 Wellington Plaza Page 2 proposed amendment). Since the application is still supported by one or more of the property owners who would be affected by the proposed amendment, the application may proceed to hearing. A complete analysis of SPA 2020-00001 is included in the City Council Agenda Report dated September 15, 2020 (Attachment D). RECOMMENDATION: That the City Council introduce and have first reading by title only of Ordinance No. 1509 for Specific Plan Amendment (SPA) 2020-00001 to amend the Downtown Commercial Core Specific Plan (DCCSP) applicable to the Wellington Plaza office complex such that only office uses will be allowed to be established within the existing buildings located at 505- 515 E. First Street, and set the second reading of the ordinance for the next City Council meeting. St6fE §Aiv' 3u.a� 0-4. WI. kow, Scott Reekstin Justina L. Willkom Principal Planner Acting Director of Community Development Attachments: A. Location Map B. Draft Planning Commission Minutes of August 25, 2020 C. Planning Commission Resolution No. 4407 D. City Council Agenda Report dated September 15, 2020 E. Correspondence received F. Ordinance No. 1509 and Exhibit 1 ATTACHMENT A LOCATION MAP DocuSign Envelope ID:6DF2E785-1 C36-43E4-8167-3423B3795F86 300 foot, 500 foot, and 1,000 foot Radius Map C[�fumnus ru{rm park Koh Sp 1,000 foot Farre r filar 1 �r 500 foot n� 300 foot F �- lid 61 IE - us tin t. a { UF•�. PO inl '. t� Location Map 505-515 E. First Street (Wellington Plaza) Project # SPA 2020-00001 ATTACHMENT B DRAFT PLANNING COMMISSION MINUTES OF AUGUST 25, 2020 Docu&gn Envelope ID:6DF2E785-1 C36-43E4-8167-3423B3795F86 MINUTES VIDEO CONFERENCING TUSTIN PLANNING COMMISSION MEETING AUGUST 25, 2020 Mason "During the Statewide COVID-19 Emergency, the public is not permitted to convene in person for this public meeting. However, the public may still view and comment on the meeting as follows.": Mason To watch the meeting, the public may observe the meeting via the City's Granicus service at https://www.tustinca.orq/282/Meeting5-Agendas or on local Cox Channel 851. Mason To comment on one or more items, you may send your comments to Plan ningCommissionCc�tustinca.org or by accessing the City's "SpeakUp" comment system as follows: 6:00 p.m. CALLED TO ORDER. Given. INVOCATION: Jha All present. ROLL CALL: Chair Mason Chair Pro Tem Kozak Commissioners Chu, Gallagher, and Jha None. PUBLIC CONCERNS: NicholslFetterling PRESENTATION: POLICE DEPARTMENT'S GRAFFITI, NEIGHBORHOOD WATCH AND COMMUNITY POLICING Approved the CONSENT CALENDAR: Minutes of the July 13, 2020 1. APPROVAL OF MINUTES—JULY 13, 2020 Planning Commission RECOMMENDATION: meeting. That the Planning Commission approve the Minutes of the July 13, 2020 Planning Commission meeting, as provided. Motion: It was moved by Kozak, seconded by Gallagher, to approve the Minutes of the July 13, 2020 Planning Commission meeting. Motion carried 5-0. Minutes—Planning Commission August 25,2020—Page 1 of 4 Docusign Envelope ID:6DF2E785-1 C36-43E4-81 a7-3423B3795F86 PUBLIC HEARING: Adopted 1. DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN AMENDMENT Resolution No. (SPA) 2020-00001 FOR WELLINGTON PLAZA 4407 APPLICANT: ART BASHMAKIAN SAGECREST PLANNING AND ENVIRONMENTAL 2400 E. KATELLA AVENUE, SUITE 800 ANAHEIM, CA 92806 PROPERTY OWNERS: MULTIPLE OWNERS (ON FILE) LOCATION: 505-515 E. FIRST STREET, WELLINGTON PLAZA ENVIRONMENTAL: The proposed SPA is not subject to the California Environmental Quality Act(CEQA) pursuant to California Code of Regulations, Title 14, Chapter 3, Sections 15060 (c) (2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment)and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in a physical change to the environment, directly or indirectly. REQUEST: A request to amend the Downtown Commercial Core Specific Plan (DCCSP) to allow only office uses to be established within the existing buildings at Wellington Plaza located at 505-515 E. First Street. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4407, recommending that the City Council adopt Ordinance No. 1509 approving SPA 2020-00001 to amend the DCCSP applicable to the Wellington Plaza office complex such that only office uses will be allowed to be established within the existing buildings located at 505-515 E. First Street. Reekstin Presentation given. Reekstin Per Reekstin, he received two (2) telephone inquiries regarding the public noticing for the project. The first inquiry was from a representative from the commercial property to the east of Wellington Plaza, who wanted clarification that the SPA would only impact Wellington Plaza and not impact their property. Reekstin did clarify with the representative that the SPA would only impact Wellington Plaza. The second inquiry was from a resident who lives in the condominium complex to the west of Wellington Minutes—Planning Commission August 25, 2020—Page 2 of 4 DocuSign Envelope ID:6DF2E785-1 C36-43E4-81 a7-3423B3795F86 Plaza. That caller had general comments regarding concerns in the past with some of the office uses. Reekstin explained to that caller that the SPA would limit more intensive commercial uses. The caller seemed pleased that the SPA would actually keep the status quo and that there would not be any major changes on the horizon with Wellington Plaza. Gallagher Gallagher asked Reekstin to confirm that the tenants of Wellington Plaza were part of the notification process. Reekstin In response to Gallagher's question, Reekstin stated that each of the owners would have been responsible for notifying each of the tenants. There was no public noticing to the tenants. Each owner had to agree to the terms of the application and concur with the filing of this application, which they did. Reekstin Jha had previously emailed staff asking for clarification on whether medical uses would be allowed and medical offices are a type of general and professional office in the Tustin City Code which Reekstin included in the presentation to the Commission. Kozak Kozak stated that this was a technical minor amendment and that it is consistent with Senate Bill 330. He was in favor of the recommended action. Tiscareno Tiscareno confirmed that no public comments had been received during the meeting. Motion: It was moved by Chu, seconded by Jha, to adopt Resolution No. 4407. Motion carried 5-0. REGULAR BUSINESS: Approved the z. TUSTIN HISTORIC REGISTER NOMINATION — SPICER HOUSE — nominafion of 165 SOUTH A STREET 165 South A Street to the RECOMMENDATION: City's Historic Register Plaque Program. That the Planning Commission approve the nomination of 165 South A Street to the City's Historic Register Plaque Program and select "Spicer House—Circa 1915" as the most appropriate historical name and date of construction of the property. Dove Presentation given. Minutes—Planning Commission August 25, 2020—Page 3 of 4 Docusign Envelope ID:6DF2E785-1 C36-43E4-81 a7-3423B3795F86 STAFF CONCERNS: !hone. Justina Willkom, Acting Director- Community Development Department COMMISSION CONCERNS: Jha Jha reminded everyone to support Tustin's local restaurants and businesses —Tustin Community Foundation is participating at the Black Marlin, American Grub, Rock N' Brews from 2:00pm -10:00pm and it ends August 31, 2020. Tustin Public Schools Foundation (TPSF) is participating at Zov's and 30% of your bill will go directly to TPSF. Lastly, Jha stated that the Rotary Club is participating with China Palace and they are giving away free egg rolls! Gallagher No concerns. Chu No concerns. Kozak Kozak commended staff on a job well done with the items and Zoom meeting process. He attended and participated in the following: • 7115: Tustin Police Department Reception • 7121. OCTA Citizens Advisory Committee Meeting 0 811: American Legion Meeting • 8120: American Planning Association —"Planning in the New Normal — Post COVID" Mason Mason asked Dove and Willkom on the status of the Historic Preservation Workshop. She also thanked staff and TPD for their presentations. Dove Per Dove, the consultant has completed the reconnaissance survey and they delivered a draft of a context statement which identifies different periods and times that will allow the City to determine whether or not a building or a property is significant and staff is currently reviewing. Dove added that the City is tentatively planning to host a workshop in early October. 7.04 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, September 8, 2020. Minutes—Planning Commission August 25, 2020—Page 4 of 4 ATTACHMENT C PLANNING COMMISSION RESOLUTION NO. 4407 Docu&gn Envelope ID:6DF2E785-1 C36-43E4-8167-3423B3795F86 RESOLUTION NO. 4407 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE SPECIFIC PLAN AMENDMENT (SPA) 2020- 00001 TO AMEND THE DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (DCCSP) SUCH THAT ONLY OFFICE USES WILL BE ALLOWED TO BE ESTABLISHED WITHIN THE EXISTING BUILDINGS AT WELLINGTON PLAZA LOCATED AT 505-515 E. FIRST STREET. 1. The Planning Commission finds and determines as follows: A. That a proper application for SPA 2020-00001 was filed by Art Bashmakian of Sagecrest Planning and Environmental, on behalf of the owners of the Wellington Plaza office condominium complex, requesting authorization to amend the DCCSP applicable to the Wellington Plaza office complex such that only office uses will be allowed to be established within the existing buildings. B. That the DCCSP, which was adopted on July 3, 2018 by Ordinance No. 1497, allows retail and services uses, including offices, in addition to mixed-use residential uses (subject to approval of a residential allocation reservation) within Development Area 3, in which Wellington Plaza is located. C. That the owners of Wellington Plaza are desirous of maintaining the property as an office complex only so as to retain the character of the property and ensure compatibility among uses on the site. Office uses are generally non-disruptive in nature, have similar hours of operation, and are less impactful on adjacent uses than are some general retail and service uses. D. That SPA 2020-00001 is consistent with Senate Bill 330, which prohibits a county or city, from enacting a development policy, standard, or condition that would have the effect of changing the land use designation or zoning of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing zoning district below what was allowed under the general plan or specific plan land use designation and zoning ordinances of the county or city as in effect on January 1 , 2018, in that the zoning of the property in effect on January 1 , 2018, was the First Street Specific Plan, which allowed commercial uses, but did not allow residential uses or mixed-use residential uses on the property, which are allowed by the DCCSP. Docu&gn Envelope ID:6DF2E785-1 C36-43E4-8167-3423B3795F86 E. That SPA 2020-00001 is consistent with the Tustin General Plan in that office uses are allowable uses pursuant to the Downtown Commercial Code Specific Plan Land Use Designation. In addition, SPA 2020-00001 is consistent with the General Plan Land Use Element goals and policies to achieve balanced development and ensure that compatible and complementary development occurs. F. That the City's Public Works Department, Police Department and Building Division have reviewed and support the proposed project, as conditioned. G. That a public hearing was duly called, noticed, and held for SPA 2020- 00001 on August 25, 2020, by the Planning Commission. H. That the proposed SPA is not subject to the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, Title 14, Chapter 3, Sections 15060 (c) (2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in a physical change to the environment, directly or indirectly. II. The Planning Commission hereby recommends that the City Council adopt Ordinance No. 1509 approving SPA 2020-00001 attached hereto as Exhibit A, to amend the DCCSP applicable to the Wellington Plaza office complex such that only office uses will be allowed to be established within the existing buildings located at 505-515 E. First Street. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 25th day of August, 2020. gm� Aw6w 08/26/20 20 AMY MASON Chairperson 3U-6{6^.x- C�. outk yo, 08/26/20 20 JUSTINA L. WILLKOM Planning Commission Secretary Docu&gn Envelope ID:6DF2E785-1 C36-43E4-8167-3423B3795F86 STATE OF CALIFORNIA ) COUNTY OF ORANGE ] CITY OF TUSTIN } I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California and that Resolution No. 4407 was duly passed and adopted at a regular meeting of the Tustin Planning Commission held on the 25th day of August, 2020. PLANNING COMMISSIONER AYES: Chu, Gallagher, Jha, Kozak, Mason (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: /"x lk"" J TINA L. WILLKOM Planning Commission Secretary ATTACHMENT D CITY COUNCIL AGENDA REPORT DATED SEPTEMBER 15, 2020 DocuSign Envelope ID:6DF2E785-1C36-43E4-8107-3423B3795F86 Agenda ItemRev11 AGENDA REPORT City Mad: "' -- City Manager Finance Director N/A MEETING DATE: SEPTEMBER 15, 2020 TO: MATTHEW S. WEST, CITY MANAGER FROM: JUSTINA L. WILLKOM, ACTING DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: SPECIFIC PLAN AMENDMENT 2020-00001 SUMMARY: The project is a request to amend the Downtown Commercial Core Specific Plan (DCCSP) to allow only office uses to be established within the existing buildings at Wellington Plaza located in Development Area 3 of the DCCSP at 505-515 E. First Street. On August 25, 2020, the Planning Commission adopted Resolution No. 4407 recommending that the City Council approve the proposed project. APPLICANT: Art Bashmakian Sagecrest Planning and Environmental 2400 E. Katella Avenue, Suite 800 Anaheim, CA 92806 PROPERTY OWNERS: Multiple owners (on file) RECOMMENDATION: That the City Council introduce and have first reading by title only of Ordinance No. 1509 for Specific Plan Amendment (SPA) 2020-00001 to amend the Downtown Commercial Core Specific Plan (DCCSP) applicable to the Wellington Plaza office complex such that only office uses will be allowed to be established within the existing buildings located at 505- 515 E. First Street, and set the second reading of the ordinance for the next City Council meeting. FISCAL IMPACT: The applicant has paid the required application fees for the proposed project. No fiscal impact is anticipated from the proposed Specific Plan Amendment. DocuSign Envelope ID:6DF2E785-1C36-43E4-8107-3423B3795F86 City Council Report September 15, 2020 Wellington Plaza Page 2 CORRELATION TO THE STRATEGIC PLAN: The proposed project furthers the objectives of the following Strategic Plan goals: • Goal A: Economic and Neighborhood Development — The proposed project would enable business opportunities and job development, and enhance the vibrancy and quality of life. • Goal B: Public Safety and Protection of Assets — The proposed project would ensure Tustin is an attractive, safe and well maintained community in which people feel pride. APPROVAL AUTHORITY: Government Code Section 65453 requires that a SPA be prepared in the same manner as a general plan, except that a specific plan may be adopted by resolution or ordinance and may be amended as often as deemed necessary by the legislative body. BACKGROUND AND DISCUSSION: The DCCSP planning area (see Figure 1) consists of approximately 220 acres located in the northern portion of Tustin, and is centered around the intersection of Main Street and EI Camino Real in Old Town Tustin. The DCCSP boundaries extend to the parcels on the north side of First Street and the east side of Newport Avenue, south to Interstate 5 (1-5), and west along First Street to State Route 55 (SR-55). yk was -:� - •� ..� n4 t J A J Figure 1 — Downtown Commercial Core Specific Plan Planning Area Map DocuSign Envelope ID:6DF2E785-1C36-43E4-8107-3423B3795F86 City Council Report September 15, 2020 Wellington Plaza Page 3 The DCCSP was adopted on July 3, 2018 by Ordinance No. 1497 and established new zoning for the project area. The DCCSP allows retail and services uses, including offices, in addition to mixed-use residential uses (subject to approval of a residential allocation reservation) within Development Area 3, in which Wellington Plaza is located. Prior to the adoption of the DCCSP, the owners of the Wellington Plaza office condominium complex at 505-515 E. First Street expressed concerns about non-office commercial uses being approved to operate at Wellington Plaza. These commercial uses were allowed by right under the previous First Street Specific Plan and would continue to be allowed under the DCCSP. The owners expressed an interest in rezoning the property such that only office uses would be allowed, but given the pending adoption of the DCCSP, City staff requested that any changes to Wellington Plaza be deferred until after adoption of the DCCSP. Rather than removing Wellington Plaza from the DCCSP and rezoning the property, staff is recommending the proposed minor text amendment to the DCCSP that would have the effect of allowing office uses only on the property. Site Location and Description Wellington Plaza is located at 505-515 E. First Street at the Intersection of First Street and Centennial Way (see Figure 2). Multiple family dwellings are located to the north and east of the site, while commercial uses are located to the south and west of the site. The property is zoned and designated by the Tustin General Plan as DCCSP. ik ----------------- sr KA I ' p =1 y --_ Figure 2— Project Site Aerial DocuSign Envelope ID:6DF2E785-1C36-43E4-8107-3423B3795F86 City Council Report September 15, 2020 Wellington Plaza Page 4 Wellington Plaza consists of five (5) two-story office buildings totaling approximately 27,000 square feet on a 1.3-acre site. Each of the five (5) buildings are divided into eight (8) office condominium suites. Wellington Plaza was constructed in 1980. Specific Plan Amendment Proposed SPA 2020-00001 consists of a minor text amendment that would allow office uses only at Wellington Plaza, except that in the event of destruction by natural occurrence, the property could be redeveloped in accordance with the DCCSP, which would allow a broader range of uses. A similar approach is followed in the DCCSP for the Prospect Village Planned Community in Old Town, which retains separate development regulations that are unique to the site. The proposed text amendment would be contained within a new Section 3.2.3. and would read as follows: 3.2.3 Uses within Wellington Plaza Permitted uses at Wellington Plaza located at 505-515 E. First Street shall be limited to general and professional offices; banks, financial institutions, and credit unions; Photography studios, and tutoring facilities. Other uses, such as the various retail and other service uses allowed in Development Area 3 (DA-3), would only be allowed in accordance with the DCCSP if the site were completely redeveloped following damage by a natural occurrence. Senate Bill No. 330 SPA 2020-00001 is consistent with Senate Bill (SB) 330, which aims to restrict residential downzoning and prohibits a county or city, from enacting a development policy, standard, or condition that would have the effect of changing the land use designation or zoning of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing zoning district below what was allowed under the general plan or specific plan land use designation and zoning ordinances of the city as in effect on January 1, 2018. As the zoning of the property in effect on January 1, 2018, was the First Street Specific Plan, which allowed commercial uses, but did not allow the residential uses or mixed-use residential uses on the property that are protected by SB 330, and allowed by the DCCSP, consistency with SB 330 has been met. Native American Tribal Consultation Pursuant to California Government Code Section 65352.3 (Senate Bill 18), the City followed the statutory Native American tribal consultation requirements by obtaining a tribal consultation list from the Native American Heritage Commission (NAHC) and notifying representatives of the seven (7) identified Native American Tribes of SPA 2020- DocuSign Envelope ID:6DF2E785-1C36-43E4-8107-3423B3795F86 City Council Report September 15, 2020 Wellington Plaza Page 5 00001. The Gabrieleno Band of Mission Indians - Kizh Nation requested consultation, which was held on July 2, 2020. As no ground disturbance activities are associated with SPA 2020-00001, there were no concerns identified during the consultation, and consultation concluded on July 17, 2020. Public Hearing and Noticing The City Council public hearing for the project was duly noticed to be held on September 15, 2020, and was publicly noticed through the following methods: • Newspaper • Direct mail to property owners of properties within 300 feet of the project boundary • Posted notice at the project site • Posted at City Hall and Library • Posted on City website Environmental Review On June 19, 2018, the Tustin City Council adopted Resolution No. 18-24 adopting and certifying the Final Environmental Impact Report for the DCCSP project. The proposed SPA is not subject to the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, Title 14, Chapter 3, Sections 15060 (c) (2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in a physical change to the environment, directly or indirectly. Planning Commission Action On August 25, 2020, the Planning Commission considered the project and adopted Resolution No. 4407, recommending that the City Council approve the proposed project. CONCLUSION The proposed minor SPA would retain the integrity of the DCCSP while meeting the objective of the Wellington Plaza owners to retain the character of the office complex. Accordingly, staff recommends that the City Council approve the proposed amendment to the DCCSP. SC6{ KtAS�ln. 08/26/20 20 �ua{i�r� . V)U kaw, 08/26/20 20 Scott Reekstin Justina L. Willkom Principal Planner Acting Director of Community Development ATTACHMENT E CORRESPONDENCE RECEIVED Tiscareno, Vera From: Reekstin, Scott Sent: Monday, September 28, 2020 11:51 AM To: Reekstin, Scott Subject: FW: SPA 2020-00001 From: Ian Carter Sent:Tuesday, September 15, 2020 11:23 AM To: Reekstin, Scott<SReekstin@tustinca.org> Cc:Art Bashmakian ; Art Bashmakian <abashmakian@sagecrest.us>; Art Bashmakian <abashmakian@sagecrestplanning.com> Subject: Re: SPA 2020-00001 Scott: He signed his agreement in this matter. I am not sure what he is doing. Please get a continuance to give us time to talk to him and sort this out. Ian Carter 1 Tiscareno, Vera From: Reekstin, Scott Sent: Monday, September 28, 2020 11:50 AM To: Reekstin, Scott Subject: FW: SPA 2020-00001 From: Ian Carter Sent:Tuesday, September 15, 2020 12:44 PM To: Reekstin, Scott<SReekstin@tustinca.org> Subject: Re: SPA 2020-00001 Dear Scott Alan Thomas signed an affidavit that was notarized under penalty of perjury and approved the Association going to the city with our request that he agreed the zoning be only office use. We would expect this to be pointed out to the city and the fact that he owns only 10%of the project and the other 90%want to proceed we want to go ahead with todays hearing. Please confirm you received these instructions and plan to proceed. Thanks. 1 Tiscareno, Vera From: Ian Carter Sent: Monday, September 21, 2020 12:08 PM To: Reekstin, Scott Subject: Response to Alan Thomas Dear Scott: We believe that Alan Thomas' comments to the city clerk are incorrect and we do not agree with them factually. We believe it shows extreme bad faith on behalf of Mr. Thomas to wait until such short notice. and after so much money, time and effort was expended by the Association,to come up with his comments. They should not be allowed to impact the successful approval by the City Council of an office only usage for Wellington Plaza especially since the Wellington Plaza CC&R's and the Bylaws state that any major issue regarding Wellington Plaza requires a 66-2/3 vote of the members. In this case, without Mr. Thomas, 90%of the owners approve of the office-only zoning request before the city. The city has a copy of Mr. Thomas' signed and notarized declaration supporting our request for office only use for Wellington Plaza before the city. We had considerable discussion with all members including Mr. Thomas and he made it very clear he was in favor of the office only zoning. His notarized declaration is evidence of that fact. The Association has spent literally hundreds of hours of time to get to this point with the city. Mr. Thomas' statement, there are no parking problems in Wellington Plaza, is clearly false during normal times (times not during a pandemic). The Wellington Plaza Association objected with the planning staff, when the city approved a hair salon in Wellington Plaza. We stated in writing to staff that such a commercial usage would demand more parking than the property allows. We were told that the hands of staff were tied and they had to approve the usage based on the zoning. That was a major issue that caused the owners to agree that Wellington Plaza should be office only zoning. Just as the Association predicted with the city the over use of parking by the hair salon has turned out to be true and the hair salon does require far more parking spaces than its square footage allows. The owner of the salon has graciously volunteered to have her workers park off site. By doing this she has mitigated the overuse of parking stalls that her hair salon demands. Covid -19 helps with the parking, at present being light, since many people are working from home. That is only temporary and parking will be an issue again when Covid - 19 is over. Parking will definitely become an unsolvable issue if the current commercial zoning is allowed to stay in place. Wellington Plaza is grandfathered at 3 parking spaces per 1000 sf of office space and is under-parked for current office only usage. The property was underparked when it was built. Today, Wellington Plaza is certainly way under-parked for retail or commercial usage and physically that issue cannot be remedied. This is a major reason Wellington Plaza needs to be office only, which is how it was built and what it was originally. In reviewing all the governance documents they all refer to office use only. Mr. Thomas is an absentee owner, he lives in Florida. He does not see the on-going homeless problem on the property that has not improved over the last 5 years. In fact, it is getting worse. The Wellington Plaza Association has an on-going management issue with homeless people being on our property on a daily basis, many times sleeping overnight and defecating on the property. Wellington Plaza Association has hired a security guard who randomly checks the property several times a day and we still face major homelessness issues. The dentist and the hair salon have done nothing to improve that situation. Mr. Thomas would have us believe they have somehow helped diminish the problem. Nothing could be further from the truth. He would understand how significant a problem this is to those of us who are here everyday. My wife and I rent our office space and we have had no problem identifying and signing tenants during Covid-19. With two leases out for signature our office suites 1 in Bldg. 513 is full. Mr. Thomas' concerns in this regard have no bearing on reality. The Dentist is an authorized office use (dentists and doctors are on the authorized list of acceptable office uses) and the hair salon is grandfathered in as a tenant per the request of the city. Mr. Thomas would have the city believe their occupancy is in jeopardy, which is not the case. The reference Mr. Thomas provides of homeless people being allowed to sleep in a unit owned by Steven Sears and the marijuana growing in one of his units is correct. Mr. Sears was a nightmare for the owners allowing homeless people that worked for him to sleep in his offices. Sears also allowed growers of marijuana to house in one of his offices and grow marijuana. It took the Association close to a year to remedy the problem. Part of the argument used by Mr. Sears was that the zoning allowed him to do what he did and the Tustin police said their hands were tied. Other municipalities were having major criminal issues with Mr. Sears and he subsequently sold his unit and lost both his legal and accounting licenses. This issue was the beginning of the movement among the owners to insure the property could legally only be used for office use. When he signed his declaration Mr. Thomas used the fact of homeless being in the unit as one of his main arguments in favor of the office only zoning. It is puzzling that he would refer to this matter today. This incident was one of the primary reasons Mr. Thomas agreed to a zoning use of Office Only in Wellington Plaza. He wanted to insure that such a nightmare could not be allowed to happen again, and on that we all agreed. Respectfully, Ian B. Carter President Wellington Plaza Association 2 Tiscareno, Vera From: Ian Carter Sent: Wednesday, September 16, 2020 3:54 PM To: Reekstin, Scott Subject: Wellington Plaza Association CC&R's Attachments: Wellington Plaza CC&Rs Pgs (i)-24.pdf Dear Scott: Per your request we are forwarding to you a copy of the CC&R's in three emails for the city attorneys perusal. The Board has discussed the current situation. It is our opinion that what constitutes a legal vote within our Association for Governance issues and Amendment issues is 66-2/3 of the members. We believe that protecting Wellington Plaza as to our original zoning, which was office only, a vote of 66-2/3 of the members should suffice (please see Article XVIII, Section 17 (a) & (b) page 65 of the Wellington Plaza Association CC&R's. Please note that all of our founding documents all refer to Wellington Plaza as an office condominium property. It is not built as a commercial property and it is not meant to be a commercial property as the current zoning allows. Since the owners only own their interior units it is a physical impossibility to change the exterior to accommodate commercial uses. We trust this meets your current requests. Thank you. Ian B. Carter President Wellington Plaza Association 1 r � . 17 BK ,. ctlr„ Recorded Return u,: 13228 Po 764 The Flelli wn (tauq) OrCLARATION of ' + 17411 Irvine Blvd, Ste C COVENANTS CONDITIONS AND RESTRICTIONS. r 7bstin, CA 92680 sAxa RE9ufsnen enI WELLINGTON PLAZA nM AMERICAN 111LE 918. d 1 OFFICE CONDOMINIUMS ORINGE COUNTY, CALIFORNIA t � Rft0lmRp M QIlIhAA.P�':4BmQ ��' f 0�ph�llK Cpuwtr t�laios yds �� -sus PM JUL 13 IS79 Table of Contents a Ft j LEE A.BAUCH Coknbd Ru x w a page t¢ ARTICLE I - Definitions 2 Section 1 - Architectural Committee 2 1 Section 2 - Articles and Bylaws 2 Section 3 - Assessments 2 I Section 4 - Association 3 Section S - Association Rules 3 a` Section 6 - Board 3 , Section 7 - City 3i ;{ Section 8 - County 3 `:s�j Section 9 - Common Area 3 Section 10 - Common Expenses q ` L Section 11 - Condominium 5j�4� t, Section 12 - Condominium Building 5 Section 13 - Condominium Elements 6 ,IaF Section 14 - Condominium Plan 6 1 �� Section 15 - Covered Property 6 �` 'I Section 16 - Declarant 6 Section 17 - Development 6 Section 18 - Dividing Wali 6 , Section 19 - Lxhibit 6 section 20 - Federal Agencies 7 z Section 21 - Institutional Mortgagen 7 s Section 22 - Interior Boundary Plane 7 ` Section 23 - Member 7 A Section 24 - Mortgage 7 Section 25 - Mortgagee 7 ! Section 26 - Owner ' g Section 27 - Project 8 Section 28 - Restricted Common Are, 0 .k�Yeo Section 29 - Standard Dividing Wall 8 Section 30 - Trustee & Section 31 - Unit g S 32 Un Section it Dividing Line 8 , Section .;3 - Utility Chase g r ;•?I i�. ,F 2/20/79 r� J. - a >v Ile 1 3 2 2 8 PO 765 s 9 ARTICLE II - membership " Section 1 - Membership Section 2 - Transfer 9 Section 3 - Voting Rights ` z Section 4 - Claases of Voting Membership 10 - _ t S�cti.on 5 - Special Class A Voting Rights 11 Section 6 - Approval of Members Section 7 - Approval by Each Claes of Members 11 ARTICLE III - Covenant For Maintenance Assessments 11 ` Sectf.on I - Creation of the Lien and Personal r l l j obligation of Assessments 12 Section 2 - Purpose of AsInssments 12 Section 3 - Regular As4assmer►ts 13 Section 4 - Capital Improvement Assessments 13 Y Section 5 - Uniform Assessment 14 � Section 6 - Certificate of Payment 14 Section 7 - Exempt Propsrty 14 Sectiop 8 - Special Assessments Section 9 z Date of Commencement of 14 � ` Regular Assessments 15 Section 10 - No Offsets 15 Sectior, it - Reserves ti. 15 ARTICLE IV - Nonpayment of Assessments 15 Section 1 - Delinquency 16 Section 2 - Notice of Lien 16 Section 3 - Foreclosure Sale 17 Section 4 - Curing of Default f 17 ARTICLE: V - ARCHITECTURAL CONTROL ;y Soc•_ion 1 - Appointment of Architectural Committee 17 *. „ Section 2 - General Provisions 17 Section 3 - Approval. and Conformity Of Plans 18 Section 4 - Nonliability for Approval of Plans 20 } Section 5 - Appeal Section 6 - Inspection and Recording of Approval 20 i Section 1 - Reconstruction After Destruction 20 " A 7'. . Section 8 - Standard Window Coverings Section 9 - Book-Up To Utllitiea 21 } i . AR'.ICLE VI - Duties and Powers of The Association 21 21 Section 1 - General Duties and Powers � r Sectiofi 2 - General Duties of the A33ociation 21 fir 1 , ' Section 3 - General Pcvwe of the Association , section - G�tneral. Limitations and Restrictions on the ='o�rvzs of the Board 22 r , ++ t r� ,,',� r,,,,.�4 - 'r3@ `"a M. V 4., .... � "... 7 ._ .. rtA 4 .[, ,. ,. > .:?. twl� .�i�4E�' � 1'?..•'. ,F . �: f id I<A, BK 1 32 8 PC, 766 Page q� *r Section 5 - Association Rules 23 ti 24 Section 6 - Delegation of Powers Section 7 - Pledge of As3essment Rights 24 �'tii" Section 8 - ftergency Powers s' 25 ARTICLE VIZ - Repair and Maintenance a ,t Section 1 - Repair and Maintenance 25 } s by Association Section 2 - Repair and Ma'..ntenance 26d . y Owr.e r I q. l section 3 - Right of Association to 26 Maintain and install 28 Section 4 - Right of Entry 28 _ Section 5 - Maintenance of Public Utilities section 6 - Assumption of Maintenance 28 obligations 29 ARTICLE VIII - Insurance s` 29 Section 1 - Types 30 Section 2 - Waiver by Members 30 Section 3 - other Insurance Section 4 - Premiums, Proceeds and Settlement 31 r Section 5 - Annual Insurance Review 31 Section 6 - Abandonment of Peplacement 31 Cost Insurance 31 Section 7 - rederal Requirements 32 =' Section 8 - Trustee *" . Section 9 - individual Property Insurance $ Prohibited 32 32 Section 10 - Rights of Owners to Insure 33 Section 11 - Required Waiver ARTICLE IX - Destruction of Inprovements 34 sSection 1 - Automatic Reconstruction 34 Section 2 - Reconstruction Pursuant 35 to Meeting F, Section 3 - Decision to Reconstructs 36 Procedure After Meeting Section 4 - Decision Not to Reconstructs 38 Pracedure After Meeting Section 5 - Certificate of Intention i 39 to Reconstruct 39 ;i Section 6 - Partition Section 7 - Cox+pliance with Condominium Plan 39 F" 8e4ttidn !! - tierlotiations with Insarer 39 � - air of Units 39 + >di1MGlt�l4tr 9 Rte 40 i 3.0 +• AeendmOnt of Condominium plan •. -.> onstruction of po�mnon Area 40 '"'�':�,'�'w< .�� ; G�'+G �}"q�rz'l t t^.Y •. a$81i�k�4i� ��i�i F'l ¢ LY dl�; t r SK 1 32 `0 PG 75 , Page of Labor material 41 Section 12 - Availability 41 Section 13 - Contracting for Reear =tion ' p. . Section 14 - Seventy-Five Percent (75%) 41 Vole Rewired Section 15 - Co8" of Collecting 41 Insurance Proceeds x 41 ' ARTICLE X - Eminent Domain i Section 1 - Definition of Taking 42 Section 2 - Representation by Board in 41 Condemnation Proceeding 42 Section 3 - Award for Condominium 42 Section 4 - Inverse Condemnation 42 �cry , p.tion 5 - Revival of Right to Partition ., a Section 6 - Awards for Members' Personal Property 43 ,�> > ar.d Relocation Allowance 43 Section 7 - Notice to Members 43 � Section 8 - Change of Condominium Interest 44 ARTICLE XI - Use Restrictions ;.; 44 Sectio. 1 - Commercial Use 43 Section 2 - Signs 44 r ;:r Section 3 - viuisance 44 Section 4 - Tamporary Structures 44 Section 5 - Vehicles 45 Section 6 - oil and Rineral Rights 45 Section 7 - Un$ightly Itema 46 Section 8 - Antennae And Other Roof Structure 46 Section 9 - Window Covers d6 Section 10 - California vehicle Code ` 46 ? AP.TICLE XII - Rights of Enjoyvtlt I 46 Sectio.. 1 - Members' Right of Enjoyment 47 Section 2 - DZlegation of Use 47 R Section 3 - Waiver of Use 48 ARTICLE XIII - Dividing Walls 48 Section 1 - Definition of Dividing WWall 42 to Section 2 - Right to Erect Dividing 49 Section 3 - Right to Re�:o�e Dividing Wall 49 Es section 4 - Preservation of Utility Chase 49 Section 5 - Use of Dividing Wall 50 F Section 6 - Sharing of Repair and Maintenance Section 7 - Destruction by Fire or Other Casualty 50 Section 8 - Right to Contribution 50 14 aF r. Soctlon 9 - Arbitration x (iv) a ', s bF.. 1, • 3 � :- :- "� sa.•...urc,tiYtiiswr�f'' �4� � �; 9� �R i 4- k e4N-" n � BK 1322$ Pc 76 3 a Page r. t ,z so ARTICLE XIV - Easements Section 1 - Amendment to Eliminate Easements 50 so Section 2 - Nature of F:aspments Section 3 - Certain Rightr and Easements Reserved to Declarant S1 i, 51 ..,` S•±coon 4 - Certain Easemr�nts for pwner3 � Section 5 - Certain Easements for Association 52 Section 6 - Support, SAttifinent and Encroachment 53 53 f ry ARTICLE XV - Rights of Lenders t! Section 1 - Piling Notice; Notices 53 and Approvals S4 Section 2 - Prior ;ty of Mortgage Lien t ' Section 3 - Curing Defaults 59 r 54 Section 4 - Resale Section 5 - Relationshipwith Assessment Liens 55 it ra Section 6 - Seventy-FivQercant (751) vote 55 of Inatitntional Mortgagees Section 7 - other Rights of Institutional 55 MOrtgaypP6 Section fl - Mortgngres Furnishing Information 57 � ' Section 9 - Right of First Refusall Section 10 - Conflicts 57 Section 11 - Voting Rights of Institutional 57 r .. Mortgagees 1 }'S Section 12 - Notice of Destruction or Taki��g S7 �. } Section 13 - Payment of Taxes or Premiums by Institutional Mortgagees 59 i ARTICLE XVI - Limitations upon the Right to -' Partition and Severance 59 I Section 1 - No Partition 59 Section 2 - No Severance 59 Section 3 - Proceeds of Partition Sale t�l 1` . ARTICLE XVII - Protection of the Project from :.lens i, Section 1 - Association to Defend Certain Actions 50 ;4 Section 2 - Payment of Lien 60 Section 3 - pamarfl to be specially Assessedb0 Section 4 - Reimbursement by Certain Owners 61 + : ARTICLE XVIII - General provisions a Section 1 - Enforcement 61 "y 61 �r. Section 2 - No Waiver e Remedies 61 Section 3 - Cumulativ Section 4 - Severability 62 x , (v) ;A", _.•_ ..iH•H....f.'4FmwM'aas.....a.ri.w��^•'+ .,,,..,..._ .__ ..,............. _.. Y ` •�iiiw YFY.v.r.-.eY -.} v € IM20 n me ` a f 8K13228 P1 75 Page y ; ,Fa c� Section - Covenants to Run with the Land; Term 62 � z, Section 6 - construction 62 Section 7 - Sing-ajar Includes Plural 62 Section 8 - NuisanceM 62 Px Section 9 - Attorneys' Fees 63 Section 10 - Notices 63 s Soctior. 11 - Obligations of Declarant 64 clarati Section 12 - Effect of Deon 64 Section 13 - Personal Covenant R Section 14 - Nonliability of Officials 64 Section 15 - Leases 64 Section 16 - Construction By Declarant 65 section 17 - Amendments EXHIBIT A - Covered Property EXHIBIT B - Fractional Undivided Interests in common Area 2 F '.i k {y� x M�` K; Rin'. .' '- �• � d111 1M t �. 6K 1 3228 PG 770 4 - DECLARATION OF CovrNANTS, C'O17DITIOt7; AND R£STRICTIO115 f` r n 3�' Y WFLI.INGTON PLAZA OFFICF CONDOMINIUMS ORANGE COUNTY, CALIF01 4z f y THIS DECLARATION is made this 7-_ day of INC. , a California *V1,`' Jt11y, 1979 , by FIRST SIRE T GROUP, its successors , . . corporation. FIRST STREET GROUPINC and assigns shall hereinafter be referred to as "Declarant." k: IFtY Property A. Declarant is the fe^ owner of the real hshall be I described in Fr�ebtt A to undertthSsDDeclaration. This �y * the Ccvered Pr, `a y °sed by Declarant upon the Covered 1r:=, is ing imp Declaration property. g- Declarant has deemed it desirable to establish II '? which will covenants, cnrditions and restrictions upon the Covered ra ~e , ement of x:. Property an Bch and every Portion thereof, the r Z °neral scheme for the Ccupmanaancy anO enjoyment constitute 5 ., Covered Pr%.erty, and for senhancing and protecting ` *r+ thereof, ail for the Purpose I the value, ,',esirability and attractofeenvSronment within d Property an, enhancing the quality the Covered Property. 4� C. It is desirable for the efficient man C. of ' the Covered Property and the preservation CovecedhProperty to desirability and attraotivene:ss o_ delegated and , t �. create a corporation to wjich should uldCovcredeProperty, efr'a assigned the powers of managingard f l Y s'f maintaining and administer ingheese covenants, conditCommon Area ions administering and enforcing funds and restrictions and collecting and disbursing gur�uant to the tSSessment and charges hereinafter created and -eferred to and to pmPropertysuch other acts a8 Shall genstally benefit the Covered s.. t f 4 2/20/99 t � off ;,140 ,v 1y 8K 13228 77 1 �+ D. The Wellington Plaza Association, a nonprofit k corporation, has been incorpoor th,! pprated under the lass of the Stat^ oandafunctionsfaforesaidrpose of exercising the powers E. Declarant will hereafter hold and convey title to Y nb pct to certain protective r " all of the Covered Property s j ..,. or: a covenants, conditions and res,,: hereafter set forth. agrees and yip ?tc7W. TfmFropp., Declarant her covenants, q k f< may declares that all of its interest as the same beoheld time to time appear in the Covered Property $ and conveyed subject to the following covenRnt3, condi- _' tions, restriction and easements which are hereby ta declared to be for the benefit of said interests in the 'v+ Covered Property► and the owners n" Said interests, Lheir successors And assigns. Thane covenants, conditions, restrictions and eaeement3 shall r+an with said interests and shall be hinding upon all parties having ortath�xeofq y any tight or title in said interests or anY PI and shall inure to the benefit of each oynearththepcafnas fk` are imposed upon said interests and ever p � a servitude in favor of each and every of said interests �Mt; as the dominant tenement or tenements. ARTICLE I DEFINITIONS �i Unless the context clearly indicates otherwise, the following terms used in this Declaration are defined as follows s t section 1. "Architectural Committee" shr.il mean and refer i to the coam+ittee or committees provided for in the Article " her entitled "Architectural Control". i Section 2. "Articles" and •BYleas" shall mean and refer } to t e rticles of Incorporation and Bylaws of the s 1 Association as the same may from time to time be duly amended. Section 3_. "Assessments:" The following meanings shsil be given to the Assessments hereinafter defined: t which is to be "Regula[ Assessment" shall Crean the amoun paid by each l4ember to the Association for Common Expwnses. I i RK 2, 8 Fo, 772 a "Special Assessment" shall mean a charge against a ` particular Owner ar.d his Units, directly attributable to the Owner, to reimburse the Ass,>ciation for costs incurred , in bringing the Owner and his Units into compliinc« with the provisions of this Declaration, the Articles, Bylaws };! nr Association Rules, or any other charge designated as a Special Assessment in this D*claration, the Articles, Bylaws or Association Euler, together with attorneys' fees and other charges payable by such Owner, pursuant to the }fi .y provisions of thin Declaration, plus interest thereon as provided for in this ueclaration. "Reconstruction Assessment" shall mean a charge against i " each Member and his Unit representing a portion of the cost to the Association for rryconstruction of any portion or portions of the Common Area pursuant to the provisions of this Declaration. "Capital improvement Assessment" shall mean a charge against each Member and his Units, representing a portion + y of the cost to the Association for installation or 9 ' construction of any capital improv+ cents on any of the Common Area which the Association : ,ay from time to time authorize pursuant to the provisions of this Declaration. ' Section 4. •Association* shall mean and refer to The " wellington PlM2a Associatinn, a nonprofi� corporation, �y incorporated under the laws of the State of California. its successors and assigns. Section S. "ASSO#;tation Rules" shall mean rules adopted by the Association pursuant to the Article hereof entitled ,. "Duties and powers of the Association." „ .-. Section 6. "Board” shall mean the Board of Directors of ; the Association. Section 7. "City" shall mean and refer to the City of Tustin, California, a municipal corporation of the State of California. Section 8. "County" shall mean and refer to the County of a�an`ge, State of California. , Section 9. "Common Area" shall mean all portions of the t , project except the Units and, without limiting the 1 generality of the foregoing, specifically including: , 'k >, (a) a U structural projections within a Unit which are roquirO for tho support of a Condominium Building; wk`s 3s{ + j! t Ar 9 �I EM BK 13228PG 773 r (b) gas, watery was" pipes, all sewers, all dusts, chimneys, chutes, conduits, wires, meters, and other utility installations of thA structures wherever located is (except the outlets thereof when located within the Units) ; (c) the 1ar,d upon which the structures are located and the air space above these structures; (d) all bearing walls, columns, floors, the roof, the slab foundation, common stairVays, and window glass; 'i (e) automatic fire detection system; (f) the restroom and associated facilities identified ' on the Condominium Plan as "Rest Room; (q) and the like. Common Area shall specifically exclude all air condi- ?' a t_ioning units notwithstanding that such air conditioning -; units are located in the Common Area and all portions of a Dividing Wall except the Utility Chase in a Dividing Wall, if any. section 10. "Cor-non Expenses" shall mean and refer to the s. ac tUar—aF6 estimated costs of: maintenance, management, operation, repair and 9 replace went of the Common Area, and all other areas on the Covered Property which are maintained by the J E Association; a ° J (b) unpaid Assessments; ( h (c) maintenance by the As of areas within - R; the public right--of-way of public streets in the vicinity , I of the Covered Property as provided in this Declaration orpa pursuant to agreements with the City= (d) costs of management and administration of the #y4ziarlp) Association, including, but not limited to, compensation , ; paid by the Association to managers, accountants, attorneys and employees; ga (e) the costa of the following, to the extent net q;eteted or billed to owners: utilities. trash pickup and j, disposal. gardening and other eetvices whish generally disposawad sni�ance the value and desirability of thebeoelit p £ ay. Cr"cad property i jt s 4 I h v : }y ,L�Nf � 'nN � - SIE$' J •�. ��� .fi - f E�� �� 9K 13228 Pc 77 t, � 4 4r q (f) the costs of, fire, casualty, liability, workmen's A compensation and other insurance covering the Common Area; ` (g) the costs of any other insurance obtainei by the Association; f (h) reasonable reserves as deemed appropriate by the (i) the costs of bonding of the members of tre Board, agent or any other person any rtfessional managing 9 .` handing the funds of the Association; , (j) taxes Haid by t, a Asqociation; i t �i (k) amounts paid by the Association for discharge of any lien or e::cumbrance levied against the Common Area cr- portions thereof; . 4 (I? costs incurred by the Architectural Committee or , .' other committee established by the Board; (re) other expenses incurred by the A_sociation for n any reason whatsoever in connection with the Common Area, FF or the costs of env other item or items designated by this ' s Bylaws or Association Rules, or " Declaration, the Articles, y C -r in furtherance of the purposes of the Association or in the discharge of any duties or powers of the Association; s Section 11. "Condoreiniilm' shall mean the fractions' un iv ea—interest owned in common with the other Owners e Coimson Area of such Project, within a Project in the y together with a separate interest in a Unit and all right, title and interest appurtenant thereto. Such Fractional ,t undivided interest owned in common for each Unit shall be i " as set forth opposite each Unit number on Exhibit Band shall not be changed except as provided in the Section is ' entitled "Amendment of Condominium plan" of the Article �f � { hereof entitled "Destruction of Improvenenta" and the , Section entitled "Change of Condominium Interest" of the Article hereof entitled "Eml.nent Domein" or in the Section ? , entitled "Amendment of Cor�dominium Plan" in the Article hereof entitled "General Provisions." Each Unit `09ether , r the fractional undivided interest in the Common Area owned in Common allocated to such Unit on Exhibit B shall be a ti �k "Condowinium." N w Buildir. " shall mean a separate pt 7: Condominium g �..aCntaining one or Fiore Ur.its or elements of Units. ��'• •i ' 1�F f B15 y i f1 i,� r•.P.`t^.R^�(' _ rfYR. .ail. �3�t - �' i 5 AL 1 .' . ex 13228 pc 7 �'` yf 'h Sic_ tie�p_13. "Condominium Elements" shall mean the t , following elements of a Unit: f "Office Element" :hall mean that portion of a (a) anA a Unit - Unit designed for use as anaounitenumberhanlyall ��oribYntified on the Condominium Plan by " " pn Office Element ; f; : number and the letter= "a" or b . or undecO shall consist of the int"enilings? windowsrated sand adoors fOfhn erimeter w�alls,pfloors, Plane and �' each Office Elem nr. and th`ch^surfacesterior oand,the Interior the space encompassed by n the outlets of all utility f Bourdary plane, including the interior x installations therein and also including floor to the top of each surfaces of interior stairways and of the fire oox of each fireplace extending from t { � fireplace, if any, and the space encompassed thereby, (� r which adjoins any Office Element. (b) No other condominium elements. ti ca • 1 Section 14, "Condominium Plan" shall mean that certain condomiri'7 plan recorded by Declarant in the Off, andfan the County Recorder of the County for the Pr leases, Y r amendments thereto. In irterpretir deeds, boundaries declarations and plans, the existing physical j of a Unit constructed in substantial accordanceitstotbetits : Condominium Plan shall be conclusivel P d' in boundaries rather than the descriptioardlpsss^fdsettling lan, reg ardless of °a deed, lease, declaration ar. p and reg or Lateral movement of the building plan o:: y minor variances between. boundaries as shown on the p s in the deed, lease, or declaration and those of the r building as constructed. "Covered Property" shall mean and refer to Section 15. "Covt described on Exhibit A hereto. Til the real property , .� Section 16• "INC. , a^Californiaecorpo corporation, itsFlRST alb STREET GROUP, INC. , - successors and assigns. ' * " r Section 17. "Development" shall mean and refer to the real roperty described on Exhibit A. ng Section 19• "Dividing Wall" shall Definitioneof1Dividing �a ve the m 'Fidescribed in the Section entitled „�i.,iding tiaalls." Wall" in the l :ticle hereof entitled ` " • i " shall mean and refer to those r SeCtion 19. Ex,: bit orated in -rocue:ents so designated herein an an { such of such Exhioits is by ° this DeClscation. I ' r ni ,� 9K 13228pc, 776 Section 20. "Federal Agencies" shall mean agencieseand othe collectively one or more of the followinancies shah mean 1 following letter desig`lation for such ag_ the s ecifie_' within ^ and refer to respectively the agency p parentheses following such letter designation: FHLMC 4 (Federal Home Loan Mortgaq,- Corporation) , FNt°lA (Federal j * I' National Mortgage Association) , CNMA {Government National fr: Mortgage Association) . Sect_ ion 21• "Institu::ional Mortgagee" shall mean and refer to a First Mortgagee which is a bank or savings and loan, association or established mortgage company, or other entity chartered under federal or state laws, u1y torpor:'' tion of insurance company, any fedefederal �algoitetatenlaw. any other institution regulated by Section 22. "Interior Boundary Plane" ^hall mean and refer to the vertical boundary betwneendingnverticallyacent Units tteach which is an invisible plane extending unit Dividing Line (as shown on the Condominium Plan) from } the floor to the ceiling of the Unit9. Section 23. "Member" shall mean and refer to every person or eent Gy who qualifies for membership pursuant to the s;` Article of this Declaration entitled "Membership," ,. including Declarant so long as Declarant qualifies for s membership pursuant to said Article. iA Section 24. "Mortgage" shall mean and refer to any duly recorded cortgage of deed of trust encumbering a Unit• A rs6ti "First Mortgage" shall refer to a Mortgage which has other Mortgages encumbering a priority over sll specifi: Unit. ` Section 25. "Mortgagee" shall mean and refer to the y mortgagee or beneficiary under any Mortgage. A "First 4. Mortgagee' shall mean the holder of a First Mortgage. z: Section 25. "Owner" shell mean and refer to one or :none �I per or entities who are alone or collectively the �I record ownwr of a fee Simple title to a Condominium, the vendee under an installment including Declarant, or land sales contract, but excluding those Nevins any such . interest more as security for the performance of an obligatic+n. If a Condominium is lensed by Declarant for a j t ,zz in excess of twenty (20) yelrs and the lease or ( J � 3 , 'r mor du *hereof is rec,)rded, the lessee or transferee r ru . of fibra ir�xs bald interest and not the Declarant shall he tleeyA�d �,,� b4 the owner. if fee title to a Condominium is F ,_ Chert than, by Declarant, the Ownec of the fee title um Wo rot tho lasseof theutarmoofothe ilease. all be deemad the E ohne t req �. 7 y IIIA y A` 14 `y�D �"'1•.. '. � _.�.��},...6 �.�*F;; rarn+'. -... ..,;,�w„.mrs� , r ,. _i;`l;. :R E3K 1 3 2 8 �c' 7 71 r 1 w 4 + Section 27. Project" shall mean each portion of the .. Section Property for which Declarant records a separate Condominium Plan _n the office of the County Recorder o I the County ane whirr. Declarant designates as a Project is this Dec la rat on or in a Supplementary Declaration. The ` w •:, real property and all improvements constructel thereon map filed in known as Lot1 of Tract LQQI.7as per fl '. Book 4d7 , 2R�2� 4nclusive, of Miscellaneous Pager M.ps in thh ' icp of the Co`un:y Recorder of the County is I° hereby designated as a Proj'--ct. .?; r � ¢ Section 28. "Restricted Common Area" shall mean theShe ht.a ' portions of the Common Area which,aZeb�nservedt to tfor the ; rr of the Association and Declarant, exclusive use of the Owners of particular Units. The 1� Y Restricted Common Area and the Units, the Owners of which shall be entitled to such exclusive use thereof, are �' <` identified on the Condominium Plan as follows: r yd =, a to the place for (a) "Air Conditioner" refers only s ' unit for each Unit, if A t the air conditioning installing any, and shall be identified by the letter "R", the Unit number or a ?`nit number and the letters "a" or "b", Re ; the letters "AC". An air conditioning unit, if installed. f s?�4 shall not be a part of the Common Area, sha17_ ed owned separately by the Owner of the Unit being served there! y a; and shall be maintained and repaired by such Owner. (b) No other Restricted Common Area. , Wall" shall mean and refer 3 Section 29. "Standard *)ividingY to a wall erected the center whiehis the etherefor �. Boundary Plane" and meeting the specifications the Board. r; [F � ' from time to time established by ,. Fe4 . Section 30. "Trustee" shall mean and refer to the �. described in the Article s µ insurance trustee as more fully z hereof entitled "Insurance". Section 31. "Unit" shall mean the elements of a Con- 4 dami�nTium not owned in common with the Owners of other Condorfniums in a Project and shall consist of an OEEich ' Element together with one +r more other Condominium ° Elements Set forth in this Article. Each Unit shall be identified on the Condominium Plan withoc "blsep. ThosembLC H or by a Unit number and the letter "a" Units identified on the C.ondominturt, Plan by a Unit number followed by the letter "a" or "b" shall be referred to i fxer�tin asan "Interior Unit" and thosesha11 bUnits ed dentifreferred 1;0 y the Condomirtinn� Plan by a number only ' herein as "Exterior Units". Y f,1S3c.r^� i V E l a 4i gf! e =r. ty � ^ pc 779 sK 13 ..28 Section 32• "Unit Dividing Line" shall mean and rifer to ' the line dividing contiguous Units as in9entified on chi a� Condominium Plan. r F ' 5c;ction 33. "Utility Chase" shall, mean and refer to those Portions of a Condominium Building identified on the Condominium Plan by the letters "&C", which are designed to accommodate wires, Pipes, ducts, and other utilitbetw%en 5, { facilities as such utility `acili.tiea are ended upper and lower floors and between Units. t ARTTCL$ II F9 MEMBERS 5A*ction 1 - Membecshi Every Owner shall be a Member. The terms and provisions set forth in this Declaration, . , which are binding upon all owners are not exclusive, as owners shall, in addition, 6e subject to the terms and provisions of the Articles, Bylaws and Associati.,n Rules ' to the extent the provisions thereof are not in conflict ' -ith this Declaration. Membership of owners shall be appurtenant to and may not be separated from the interest of such Owner in any Unit. ownership of a Unit shall be the sole qualification for membership; provided, however, a M�nber;s voting rights may be regulated or suspended as g,, provided in this Declaration, the B.�laws or the existAssoca- s ba�edRupon•ownermb sNot hipeofhansingleone eUnitship shall exist n g I w,o,. Section 2 - Transfer. The membership held by any owner shall not be transferred, pledged or alienated in any way, , except that such membership shall automatically be r - + ner transferred to the transferee of the inoemake oprohibited rest f ,r � 3z required for membership. Any attempt a5 d upon the books transfEr is void and will not be reflectet 'a. and records of the Association. The Associationshall the right to record d the transfer upon the Association wiitthoo= t any further action or consent by a # the transferring 4'*r- section Votin Rights 3 . An owner's right SPCtto vote shall i v„s� t immediately upon the date Regular AsseSt�lnts nits as provided in this commence upon such owner's U Declaration. All voting rights shall be subject to the `i.. restrictions and limitations provided he _in and in the A t Articles, Bylaws and Association Rules. 4 1 10Ca - Classes of Votin MesmberehtP• The Association F bh p—To ttwo classes of voting membership. f 4 p 9 t #� r . 1 _ Y95,yHY � i g�,!+/ � '.%�t• ,art �c+ -• r-%' � 'P Yp i �5, M4 � �, :x5 �''" �� .l`n e' 'moi•r .- - �- } r s 5P M j t: } ii 9x 134 ,L8 PG 7I9 # �. Class A. Class n members shay wnees with the exception of the Declarant unf !ss B member- ship has been converted to Cla rship. Class A Members shall be entitled to- ote for each a ( Unit in which they hold the in required for � meMership. When --!:)re thzsn ;,e person owns a portion of the laLerest in a unit required for membership, 1 each such person shall be a Member and the �!ote for ( such Unit shall be exercised as they among themselves determine, but in no evsnt shall more than one (1) vote be cast with respect to any Unit. The Associa- { tion may, but shall not be obligated to recognize the vote or written assent of any such co-Owner except the +; vote or written assent of the the co-Owner designated r ;k in a writing executed by al' of such co-Owners and delivered to the Association. s,.., Class S. The Class B Member shall be Oeclar7nt. The w Class B Member shall be entitled to three (3) vctes a for each Unit in which it holds the interest required for membership; pproviled that the Class B Membership shall cease and be converted to Class A Membership on ' the happening of etthor of the following events, " .i whichever occurs earlier: (a) When the total votes outstanding in the Class A Mer'_>ership equals 30; s (b) March 1, 1984. 4s (c) When Declarant has elected to beome a Class ' ' A Member by written notice to the Board. Section 5 - Spr.wial Class A Voting Rights. Notwith- standing the provisions of this Article, if the Class A Members do not have sufficient voting power pursuant to the voting rights set forth in this Declaration and the 8ylaws to elect at least twenty percent (201) of the total i number of directors on the Board, at any meeting of Members at which directors are to be elected, thou :ouch Y. x Class A Members shall, by majority vote, among themselves, elect tte number of directors required to equal twenty percent (20%) of the total number of directors on the Board. In the event twenty percent: (201) of the total `a number of directors is equal to an,p fractional number, the number of directors to be elected pursuant to the special Class A voting right shall be round,�l to the next higher whole number. In no event shall the Class A Members be . entitled to elect more than twenty percent (20A) of the total number of directors, adjusted for any fractional nuaber to hereinabove provided, pursuant to the provisions t) t)f this apecial Class A notrnq right. The remaining } « 10 .4 r 4 .q 'F�� .t• - Y T !�4=�5, ,.� .- r�'7�3'-�":i .sr d+.?1� 41ki5l.:Y'-at '-i1 f.. ..► �'� ' ..�' PX 12428 vacancies on the Board shall be elected by the Class 8 Members. e.. Section 6 ---_pproval of Members, Unless elsewhere other- � . ' wise specifically provided in this Declaration or the Bylaws,' any provision of this Declaration or the Bylaws which requires the vote or written assent of the voting power of the Association or any class or classes of membership shall be deemed satisfied by the following: k x't (a) The vote in p-rson or by proxy of the specified '- percentage at a meeting duly callea and noticed pursuant to the provisions of the Bylaws dealing with annual or special meetings of the Members, (b) Written consents signed by the specified percentage of Members as provided in the Bylaws. (cl In determining which Class A Members are entitled to vote or give their written assent pursuant to a. ., provision of this Declaration, the Board may, but shall not be required to recognize thoce Members who ha%e not s executed a Membership Agreement and delivered the same to " the Association as of a record date fixed by the Board pursuant to the Bylaws with respect to.the particular vote i J in question. (d) In any matter requiring the vote or written , + consent of Members, but not specifically provided for .in }7j this Declaration or the Articles, Bylaws, Association t z' Rules or any contract executed by the Association, a ' f simple majority of the voting power of Members ent'_tled to vote on such matters shall suffice. Section 7 - Aporoval_by Each Class of Members. As long a3 there is a Class 8 membership, any provision of the ti Articles, Bylaws, this Declaration, or the Association Rules which expressly requires the approval of a specified percentage of the voting power of the Association before being undertaken, shall require the approval of said Y.: specified percentage of each of the Class A and Class A membership. ARTICLE III COVENAN- FOR_MAINTEMANCE ASSESSMENT3 i Section I - Creation of the Lien and Personal Obligation a>!° OUR$ r,! L4. Each Qvner including the Declarant to the ' a a *Xtont lorant is an owner as defined herein, of any Cel-An inn by acceptance of a deed or other conveyance!, , r Mir d [[ A SY f t 'Y4 t 1 -12 i Lf 6t. creating in such Owner tht- in"erest required to be deemed an Owner, whether or not it shall be so expressed in any ; such deed or other conveyance, Is deemed to covenant and ` agree to pay to the Association: Regular Assessments, Special Assessments, Capital Improvement Assessments, and x_. Reconstruction. Assessments, if applicable, such Assass-- ments to be fixed, establi7hed and collected from time to ' time as provided in this Declaration. The Assessments, together with interest thereon, late charges, attorneys' fees and court costs, and other costs of collection c. thereof, as hereinafter provi0ed, shall be a continuing 14: lien upon the Condominium against which each such Assess- ment is made. Each such Assessment, together with such interest, late charges, costs and attorneys' fees, shall f also be the personal obligation of the owner of such Condominium at the time when the Assessment becomes due. The personal obligation shall not pass to the successors �. in title of an Owner unless expressly assumed by such # •=,uccessDrs. Section 2 - P�tr •ose of Assessments, The Assessments levied bye Assoc lation small be used exclusively for t the purposes of promoting the health, safety and welfare of the Members, the management of the Covered Property, k promoting the use, occupancy and enjoyment of the Covered Property, enhancing and protecting the value, desirability and attractiveness of the Co:•ernd Property and the quality of environment within the Covered Property, including, t` without limitation, the improvement, maintenance, and i; administration of the Covered Property, administering and enforcing these covenants, conditions and restrictions, collecting and disbursing funds pursuant to this Declara- tion, the improvement ant: maintenance of the Com:aon Area ; and the properties, services and facilities related to the use and enjoyment of the Common Area, or in furtherance of any other duty of power of the Association. Section 3 - Raqular Aaaeeam_ents. Not later than sixty (60) days prior to the beginning of each fiscal year, the Board shall distribute to each Member a pro forma operating statement of budget fcr the upcoming fiscal year which shall, among other things, estimate the total Common wxpenses to be incurred for such fiscal year. The Board shall at that time determine the amount of the Regular a Assesanent to be paid by each Member. Each Member shall thereafter pay to the Association his Regular Assessment in installments as established by the Board. Each such ff' installment shall be due and pa -able on a date established b the Board in the written notice sent to Members. In the e &"at the Board shall determine that the estimate of total charges for the current year is, or will become �, s:aro to isset all Common Expenses for an reason, it i z 'fill t irtad8�y P Y 12 C i '3 ` x : � +ww+w.lfAw+ca;;rTM' t Yl 11 t 4 4 r! r xa t Ki o 8428 ' shall then immediately detervine the approximate amount of such inadequacy and issue a sioplemental estimate of the Common Expenses and determine the revised amount of Regular Assessment against each Member, and the date or ,f i R dates when due. After the Association's first fiscal year of operation, it shall not impose a Regular Assessment which is increased more than twenty percent (201) over the amount of the Regular Assessment in the immediately preceding fiscal year, without the approval of a majority of the voting power of the Association. Section { - Cnavital Imyrovemnnt Assessments. In addition to the Regular Assessments, ':hA Association may levy in " any calendar year, a Capital Improvement Assessment for the purpose of defraying, in whole or in part, the cost of any construction or replacement (other than due to . :` destruction) of a described capital improvement upon the Common Area to the extent the same is not covered by the provisions affecting Reconstruction Assessments in the n - Article hereof entitled "Destruction of Improvements," a including the necessary fixtures and personal property related thereto. A Capikal Improvement Assessment May be levied on account of a capital improvement to be made in the year of the levy or to be completed in a future year. The Association shall not impose a Capital Improvement r Assessment, the total amount of which exceeds five percent (51k) of the estimated Common Expenses, as set forth in the Section of this Article entitled "Regular Assessments," h without the approval of a majority of the voting power of the Association. Any reserves collected by the Associa- ' ` tion for the future maintenance and repair of the . ". Community facilities and Common Area, or any portion thereof, shall not be included in determining said annual s capital improvement limitation. All amounts collected as ✓ Capital Improvement Assessments may only be used for capital improvements and shall he deposited by the Board in a separate bank account to be held in trust for such purposes. Said funds shall not be commingled with any other funds of the Association and shall ne deemed a contribution to the capital account of the Association by the Members. . r• •: Section 5 - Uniform Assessment. Regular and Capital ImprovEment Assessments shall be fixed at an amount for r each Condominium based upon a fraction, the numerator of which is the fractional undivided interest assigned to each Condominium on Exhibit B and the denominator of which is the total of all such undivided interest for the � Project and may be collected at intervals selected by the k' c 13 s -..r NA} ' y tl + �e4� k ;; W�T,� 1"- �+r•.� vn^V+.gtyq.YMti>s Me "M.'+'aW:X�rov'°'tii^^_ )) +My+Y17.IM1^N�IW� g3�i '. 94 s t i a tl ':.'�+'� .s.'Fk#$ i��s'�. -` .._ '^ - -.�;._ c+.. ; :. ,.:.: ..;. .,..x�.Ca6i�. _._x:. _. ._. ...-.'.'i'4` .'i6•'.� 'L t f. <-T� fr: _ '���MM�p �+.M•�!„��ia���.h'�#9+,`.::a , - - .. .. .k. g..rae_,+j�" . '} BK 13228P0 783 �K- Section 6 - Certifi^ate of Pavnent. The Association , shall,upon demand, furnish to any Member liable for j Assessments, a certificate in writing signed by an officer or authorized agent of the Association, setting forth < whether the Assessments on a specified Condominiums have ,.w been paid, and the amount of delinquency, if any. A ° reasonable charge not to exceed Fifteen Dollars ($15.00) _ may be collected by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any Assessment therein stated to h. .re been paid. Section 7 - Exempt Proper,tY. All properties dedicated to ani accepted by, or otherwise owned or acquired by, a " public authority shall be exempt from the Assessments created herein. Section 8 SPAcial Assennnents. Special Assessments ' & shall be ivied by the Board against a Condominium to reimburse the Association for: * (a) costa .incurred in bringing an Owner and his Unit into compliance with the provisions of this Declaration, the Articles, the Bylaws or Association Rules; r (b) any other charge designated as a Special Assess- meet in this Declaration, the Articles, Bylaws or Associa-tion Rules; and ref (c) attorneys' fees, interest and other charges -} relating thereto as provided in this Declaration. In the event the Association undertakes to provide : materials or services which benefit individual Units and which can be accepted or not by individual owners, such Owners in accepting such materials or services agree t`+at the costs thereof shall by a Spectal Assessmtnt. Section 9 - Date of Commencement of Re alar Assessments. The Regular Assessments shall commence as to all Con- y dominiums on the first day of the month following the conveyance of the first Condominium by Declarant to an «, individual owner. It is provided, further, that in the , event the amount budgeted to meet Common Expenses for the then current year proves to be excessive in light of the it actual Common Expenses, the Board in its discretion may either reduce the amount of the Regular Assessment or may abate caUsetion of Regular Assessments as it deems , r` appropristo. Until such time as the Class B Membership has c aatt and been converted into Class A Membership, in no a+r"t *ball as reduction in the amount e: the abatement t r r 14 jh'd r J1 "NON R III � '�• f -.-r 1. � t$ �eswrtr�e.r.r.n�an �,R;. t: S + k. } { , K 13228 Fc 784 in the collection of Regular Assessments pursuant to this Section result in a quant.ty or quality of services diminished from those upon which the Common Expense budget for the year in question is based. Section 10 - No offsets. Al' Assessments shall be payablr_ Iii-the amount specified by the Assessment and no offsets Against such amount shall be permitted for an including, without limitation, a claim that (I) the Asnociation is not prcperly exercising its duties and powers as provided in this Declaration; (ii) a Member has made or elects to make no use of the Common Areal or (iii) j any construction or maintenance performed p pursuant to the 3 I Section entitled "Assumption of Maintenance Obligations" E of the Article entitled "Pepair and Maintenance" of this Declaration shall in any way postpone Assess ments or entitle a Member to claim any such offset or reduction. Section 11 - Reserves. The Reoular Assessments shall include reasonable amounts as determined by the Board collected as reserves Lor the future periodic maintenance, ` repair or replace went of all or a portion of the Common Area, or any other purpose as determined by the Board. All amounts Collected as reserves, whether pursuant to j this Section or otherwise, shall be deposited by the Board in a separate bank account to be held in trust for the purposes for which they are collected and are to be v• segregated from and not comningled with any c .ner funds oP thi Association. Such reserves shall be deemrd a con- tribution to the capital account of the Association by the 3 ' Members. - ARTICLE IV ) .pi NONPAYMENT OF ASSESSMENTS Section 1 - Delinquency. Any Assessment provided for in A. this Declaration which is not paid when Mue shall be a * delinquent on said date (the •delinquency date") . If any ' such Assessment is not paid within ten (10) days after delivery of notice of such delinquency from the Associa- tion, a late charge as established by the Board shall be r, f levied and the Assessment shall bear interest from the � I *' delinquency date at the rate of ten percent (101) per : -nnum. The Association may, at its option, and without )° waiving the right to judicially foreclose its lien against the Condomirium, pursue any available remedies, including, without limitation, bri*ging an action at law against the .; Member personally obligated to pay the same, and/or upon compliance with the notice provisions set forth in the . Ali t q_ ly4i'- 11 �y 6Y. 1 J22� Section entitled "Notice of Lien" of this Article to :i foreclose the lien against the Condominium. if action is h co"enccd, there shall be added to the amount of such #.. Assessment the late charge, interest, the costs of such s ' action, and attorneys' fees incurred in connection with ' such action= and in the event a judgment is obtained, such judgment shall include said late charge, interest and a rea"onable attorney's fee, together with the costs of action. Each Member vests in the Association or its ' r,ssigns, the right and poser to bring all actions at law cr lien foreclosure against such Member or other embers for the collection of such delinquent Assessments. .. f Section 2 - Notice of L;-,,n. iro action shall be brought to foreclose said Assessment lien or to proceed under the power of sale herein provided until thirty (30) days after the date a notice of claim of lien is deposited in the United States mail, certifi_•d or registered, postage prepaid, to the owner of said Condominium, and a copy thereof is recorded by the As^ociation in the office of 3 the County Recorder of thy County, said notice of claim of i lien must recite a a(^tid and sufficient legal description 1 , of any such Condominium, the record owner or reputed Owner ( � thereof, the amount claimed [which shall include interest , on the unpaid Assessment at the rate of ten percent (1C%) , per annum, a late charge as established by the Board, plus reasonable attorneys' fees and expenses of collection in i connection with the debt sFcured by said lien] , and the name and address of the claimant. section 3 Foreclosure Sale. Said Assessment lien may be 3 p ' enTcccee y sa e y the Ansociatian, its attorney or any other person authorized by the Hoard to make the sale after failure of the owner to make the payments specified in the notice of Claim of lien within said thirty (30) day period. Any such sale provided for above is to be conducted in accordance with the provisions of Sections ' 2924, 2924b, 2924c, 2924f, 29249 and 2924h of the Civil Code of the State of California as said statutes may from time to time be amended, applicable to the exercise of powers of sale in mortgages and deeds cf trust, or in any other manner permitted or provided by la` Upon the affirmative vote of a majority cf the voting power present Y1 in person or by proxy at a duly and validly held meeting ? of Members or by written consent, as set forth to the Bylaws, the Association, through its duly authorized agents, shall have the power to bid on the Condominium, s, using Association fends, or funds borrowed for such ' purpose, at the sale, and to acquire and hold, leans, mortgage and convey the same. �r ..:AtE'°•4 rp m'"'Y`.:.,., a arc. w. .a�•.a-a�w., _ M�' � 7�7 f� � � . J& III,miv, a ; ♦ i t 3 z 2 '' I V.•J ' .Nn �+5♦' Y.a..i:-* 91a`�'-�NS ,wa,.t ♦ , e (q� „ y4 BK 13228Pu 7ES ° t Section 4 - Curing of Default. Upon the timely payment or R, other satisfaction of: (a) all delinquent Assesr.rL-nte specified in the notir_e of claim of lien, (b) all other Assessments which have become due and pe.yatle with respect to the Condominium as to which such notice of claim of x ra. lien was recorded, and (c) interest, late charges, attorneys' ,`eep and other costs of c,ljl'ection pursuant to u' rY:,-., t*is D claration and the notice of claim of lien which have accrued, officers of the Association• or any other persona designated by Board are hereby asthorized to file or reco.-d, as the case may be, an appropriate release of such notice, upon payment by the defaulting Owner of a fee, to be determined by the Association, but not to exceed Fifty Dollars ($50.00) to cover the costs of preparing and filing or recording such release. a ARTICLE V ) ARCHITECTURAL CONTROL Section 1 - Anointment of Architectural Committee. The Architectural Committee shall consist of not less than ° three (3) nor more than five (5) persons as fixed from #) time to time by resolution of the Board. The Declarant : shall initially appoint the Architectural Committee. The Declarant shall retain the right to appoint, augmert or 4' replace all members of the Architectural Committee until one (1) year after the date of the recording of a deed _,. covering the thirtieth (30th) Unit from Declarant. ' " Notwithstanding the foregoing, Declarant may at any time _ z give notice to the 9oard that Declarant elects to no longer retain the right to appoint the members of the �` x, Architectural Coimittee in which event the Board shall 1% ` appoint the Architectural Committee and fill any vacancies Jill on the Architectural Committee then existing. One (1) � 3 year after the date of the recording of a deed conveying w. the thirtieth (30th) Unit from Declarant the right to , appoint, augment or replace all members of the Architec- A ' turzl Committee shall aitomaticslly be transferred to the n Board. Persons appointed by the Board to the Architec- } { tural Corm ittee must be Me_mbersi however# persons appointed by Declarant to the Architectural Committee need not be Members, in Dec]arant's sole discretion. Section 2 - General Provisions. $ (a) The Architectural Committee may establish reaaarsable pro--eQural rules and may ass!ss a fee not to *kc*e4 Tilty Dollars (550.00) ptr submission of plans in coureWon with review of plans l.ib specifications gat 17 iJ ,�. �e-� =w . ,ems• �i., , ; � ,�g,. �: 9 - .. �"a .;:t t" 8K 13 221 8 Ps 737 k including, without limitation. the number of sets of jlans �f• " to be submitted. Unless aiy such rules are complied with, such plans and specifications shall be deemed not submitted. The Architectural Committee may delegate its plan review responsibilites to one or more members of such {( Architectural Committee. Upon such delegation, the approval or dis,+pproval of plans and specifications by such persons shall be e<tuivL1ent to approval or dis- approval by the entire Archite,tural Committee. , k.. (b) The address of the hrchitecturat Committee shall bA the address established for giving notice to the Association. Such address shall be the place for 'he submittal of g'.ans and specifications and the place where the current Architectural Stan0ards shall be kept. (c) The establishment of the Architectural Commi'-tee and the systems herein for architectural approval shiil no'- be construed as changing any rights or re3trictions upon Owners to maintain, repair, alter or modify or otherwise have control over the Units as may otherwise be specified in this Declaration, in the Bylaws or in any Association Rules. (d) In the event thn Architectural Committee fails to approve or disapprove such plans and specifications within thirty (30) days after the same have been duly submitted r in accordance with any rules regarding such submission adopted by the Architectural Committee, such plans and specifications will be deemed approved. Section 3 - Approval and Conformity of Plans. No r) structure or instalation which would modify any wall, jr �. ; window, floor or other structure which is part of the o ; Common Area or for which a building permit from the City , } is required including without limitation any Dividing ` i ' wall, shall be commenced, erected or maintained upon the Cove-ed Property, nor shall there be any addition to or change in the exterior of any Condominium Building, structure or other improvesrent including, without limitation, the painting of exterior walls, patio covers and fences, except in compliance with plans and 90ecifications therefor which have been submitted to and approved by the Architectural Committee. The Xrchitectural Committee may approve modifications to the C,-moron Area including, without limitation, the Installation of skylights, the installation of interior i„ stairways between upper and lower floors of a Condominium f Building, the installation of doors or windows in the f„ exterior of a Condominium '?uilding or the installation of walla where doors or Mindy+s previously existed, even i k. } 6 ,s • • ' 1 {�14 BK 13228 Ps 789 though such Common Area modifications may benefit the +' Owners of particular Unit$. The Board may, from time to time, adopt and promulgate Architectural Stdndards to be administer4d through the Architr_ctural Committee. The 'k Architectural Standards may include among other things ' those restric- tions and limitations upon the Owners set forth below: (a) Time limitations for the completion of the architectural improvements for which approval is required i pursuant to the Architectural Standards; (b) Conformity of completed architectural improve- ments to plans and specifications approved by the ' Architectural Committee; provided, however, as to .' purchasers and encumbrancers in good faith and for value, 1 unless notice of noncompletion or nonconformance identifying the violating Unit and its owner and specifying the reason for the notice, executed by the Architectural Committee, shall be filed of record in the Office of the County Recorder of the County, ani given to such Owner within one (1) year of the expiration -of %he time limitation described in subsection (a) above, or unless legal proceedings shall have been instituted to enforce compliance or completion within said one (1) year period, the completed architectural improvements shall be deemed to be in compliance with plans and specifications : L. approved by the Architectural Committee and in compliance with the Architectural Standards of the Association, but �A only with respect to purchasers and encumbrancers in good!' faith and for value; and (c) Such other limitations and restrictions as the Board in its reasonable discretion shall adopt, including, without limitation, the regulation of the following: construction, reconstruction, exterior addition, change or alteration to or maintenance of any bvil%ing, structure, wall or fence, including, without limitation, the nature, kind, shape, height, materials, exterior color and surface . and location of such dwelling or structure. Section 4 - Nonliability for Approval of Plans. Plans and ' , spec scat ons s. a e approved by the Xrc—Ktectural Committee as to style, exterior design, appearance and location, and are not approved for engineering design or k. for compliance with zoning and building ordinances, and by approving such plans and specifications neither the <, Architectural Committee, the members thereof, the Associa- tion, the Members, the Board nor Declarant assumes r liability of responsibility therefor, or for any defect in sny structure constructed from such plans and specific&• t x„ tions. � 19 k; RK 13228 PG 789 i Section 5 - Appeal. In the event plans and specifications � a t submitted to the Architectural Committee are disapproved + 1 thereby, the party or parties making such submission may appeal in writing to the Board. The written request shall be received by the Hoard not more than fifteen (15) days following the final decision of the Architectural Committee. The Board shall submit such request to the 4 \. ' Architectural Committee for review, whose written recommendations will be submitted to the Board. within forty-five (45) days following receipt of the request for t` rappeal, the Board shall render its written decision. The �,. failure of the Board to render a decision within said forty-five (45) day period shall be deemed a decision in ;:, favor of the appellant. ,ti V.`; Section 5 - inspection and Recording of Approval. Any member of the Architectural Committee or any officer, director, employee or agent of the Association may at any = . reasonable time enter, without being deemed guilty of trespass, upon any Units after notice to the owner in � < ( order to inspect improvements contructed or being r ` constructed on such Units to ascertain that such improve- menta have been or are being built in compliance with plans and specifications approved by Via Architectural Committee and in accordance with the Architectural ' Standards. The Architectural Committee s',all cause such an inspection to r- undertaken within thirty (3C) days of a request therefor from any Owner as to his Units, and ifs'K, J such inspection reveals that the improvements locnted on such Units have been completed in compliance with this Article, the President and the Secretary of the Associa-tion shall provide to such Owner a notice of such approval ' f.. in recordable form which, when recorded, shall be conclusive evidence of compliance with the provisions of this Article as to the improvements described in such recorded notice, but as to such improvements only. X'. Section 7 - Reconstruction After_Destruction. The q reconstruction after destruction by casualty or otherwise of any Units which is accomplished in substantial ' A, compliance liance with the Condominium Plan filed covering a p g the portion of the Project in which such Unit is situated shall not require compliance with the provisions of this ! Article. Such reconstruction shall be conclusively deemed ' to be in substantial compliance with such condominium plan if it has received the approval o! the Association. 4: Section 8 - Standard Window Coverings. The Architectural r ` Coca tti�sa say - from t tae to time establish standar9s for s the color, material and design of that portion of window a wrings which can be seen from the exterior of a P; F 20 f rt ir 10 it y •, SIM w•4, J rte e•, - .i `+ 6` i I 110 9x 13228 pG 790 Condominium Building. All Owners shall comply with anyj �' + 4 such standards. Section 9 - Hook-IIp to Utilities. No owner shall hook-up g any outlets or fixtures in a Unit to any Common Area i utility lines, including, without limitation, all plumbing, water, electrical distribution panels, without ... the prior written consent of tht Architectural Committee. a' ARTICLE VI DUTIES ANL' porn r.S or THE ASSOCIATION Fr_ction l - General Duties and Cowers. In adfiition to the duties and powers enumerated in its Articles and Bylaws, or elseifhere provided for hLrein, and without limiting the generality thereof, the Association shall have the specific duties and powers specified in this Article. section 2 - General Duties of the Associatio.t. The Association throughthis Board shall have �. e duty and i obligation to: (a) enforce the provisions of this Declaration, the Articles, Bylaws, and Association Rules, by appropriate means and carry out the obligations of the Association w• hereunder; ' (b) maintain and otherwise manage the followings (i) all easements and real property and all facilities, improvements and landscaping thereon in ' which the Association holds an interest, subject to i the terms of aZy instrument transferring such interest i to the Association; -�+ (ii) all personal property in which the Ks3ocia- tion holds an interest, subiect to the terms of any instrument transferring such interest to the Associa- tion; and (iii) all property, real or personal, which the Association is obligated to re air or maintain pursuant to this Declaration, ncluding, without limitation, the Article of this Declaration entitled 'Repair and Maintenance." 9 i (c) pay any real and personal property taxes and + ; other charges assesfed to or payable by the Associations a; 'V 1 { 21 . �z f f a r w, r �CY- 1 ' r: R BK 1 3225 PG 791 (d) obtain, for the benefit of the Common Areal water, gas and electric, refuse collections and other services; and (e) act as a managing agent for all of the Projects. Section 3 - General Powers of the Association. The + °4 Association through the Hoard shall have the power but not the obligation to: °i (a) employ a manager or other persons and contract ( ^ with independent contractors or managing agents to perform all or any part of the duties and res onsibilities of the Association, provided that any contract with a person or ^{ firm appointed as a manager or managing agent shall have a d term of not more than one (1) year with successive one (1) year renewal periods upon mutual agreement of the parties; (b) acquire interests in real or personal property for offices or other facilities that may be necessary or convenient for the management of the Covered Property, the administration of the affairs of the Association or for the benefit or enjoyment of the Members; (c) borrow, money as may be needed in conrection with the discharge by the Association of its powers and duties; (d) establish and maintain a working capital and contingency fund in an amount to be determined by the Board. Such contrib ;tion shall be a Common E::pense and shall be collected as part of the Regular Assessments;. �. Said fund shall be used by the Board as it deems fit to carry out the objectives and purposes of the Association; � . - ;e) provide trash pickup and disposal service for the �..'y benefit of the owners and their Units; R (f) negotiate and enter into contracts with Institu- tional Mortgagees and mortgage insurers and guarantors as - may be necessary or desirable to facilitate the avail- ability of loans secured by Mortgages within the Covered Property. section 4 - General Limitations and Restrictions on the Powers of the Beard. In ad6ition to the limitations and restrict ons enumerated in the Article• and Bylaws Of ' elsewhere provided for herein, and without limiting the =° generality thereof, the Board shell be prohibited from taking any of the following waaitoinn wiithoutAssoc the approval of = A majority of the voting po on Zy IN 11 T �II �r RK 132?8 P� 79�' s. (4) enter contracts for materials or services which 4. �= have a term in excess of one (1) year, with the following •, _ { f exception: prepaid casualty and/or liability insurance policies of not to exceed three (3) years duration, provided that the applicable policy permits short rite � cancellation by the insured. ` (b) incur aggregate expenditures for capital improve- menta to the Covered Property in any fiscal year in excess of twenty percent (201) of the estimated Common Expenses A for the fiscal year as set forth in the Sections entitled ch' ' "Reqular Assessments" and "Capital Improvement Assess- ments" of the Article hereof entitled "Covenant for Assessments"j ' l (c) sell any real or personal property of the Association with an aggregate fair market value in excess of twenty percent (208) of said estimated Common Ixpen9es ;{ during any fiscal year; and i (d) pay compensation to directors or to officers of ,rka the Association for servtces performed in the conduct of the Association's busine.,s; provided, however, the Board may cause a director or L`ficer to be reimbursed for y f:. expenses incurred in carrying on the business of the �7sxDls Association. YN . F V Section 5 - Association Rul 4•he Board shall also have '>>� ` 1f the power to adopt, amend, a,.- repeal such rules and � t t` regulations as it deems reasonable (the "Associationw Rules"), which may include the establishment of a system of �wt� ` fines and penalties enforceable as Special Assessments, all as provided in the Bylaws. The Association Rules' shall govern such matters in furtherance of the purposes of the Association, including, without limitation, the use 3° of the Common Area; provided, however, that the Associa- • = tier. Rules may not discriminate among Owners, and shall " not be inconsistent with this Declaration, the Articles or Bylaws. A copy of the Association Rules as they may from t' time to time be adopted, amended or repealed or a notice setting forth the adoption, amendment or repeal of specific portions of the Association Rules shall be delivered to each Owner in the same manner established in this Declaration for the delivery of notices. Upon completion of the notice requirements, said Association Rules shall have the same force and effect as if they were set forth in and were part of tits Declaration and shall by binding on the owners and their successors in interest whether or not actually received thereby. The Association L Rules, as adopted, amended or repealed, :shall be availatie s( "r z at the principal office of the Association to each Owner sed Inatitutional Mortgagee upon request. In the event of t 23 }• 4 2 .rY;• r� I�; as 3s t. TM} e . 9- A bw .2 $aR[ 5'L�$R 3 "af � +� f7nRf��l� bi7S4�• .�f�iii A , t ;. RK 13228 PG 703 ' any conflict batween any such Association Rules and y k; other provisions of this Declaration, or the Articles or Bylaws, the provisions of the Association R ded by the provisions of this Dul.�^s shall be � � r deemed to be superseAclara - `y, 4 tion, the Articles or the Bylaws to the extent of any suchj conflict. j* Section 6 - Delegation of Powern- The Association shall {� hava the right, according to Inw, to delegate to ; committees, officers, employes or agents any of its ; $`- duties and powers under this Declaration, the Articles and ; Bylaws; provided, however, ro such delegation to a ; professional management coripany, the Archittctural committee or otherwise shall relieve th* Association of its obligation to perform Such delegated duty. Section 7 - pledge of Assg3smert�Rights. The Association shall have the power to pl.'t -'PP the right to exercise its Aasecment powers in connp.tion with obtaining funds to repay a debt of the Association; provided, however, any 44. such pledge shall require the prior affirmative vote or 3? � written assent of not less than sixty-six and two-thirds xr percent (66-2/31) of the voting power present in person or 44 by proxy at a duly and validly held meeting of the Members or by written consent as met forth in the Bylaw Said power shall include, but not be limited to, the ability to „s make an aRsignment of Assessments which are then payable r to or which will become payable to the Association; which assignment may be then presently effective but shall allow said Assessments to continue to be paid to and used by the Association as set forth in this Declaration, unless and ' until the Association shall default on the repayment of re, (n ) the debt which is socurad by said assignment. The C" + c, Association may levy Special Assessments against the 9 £� s Members to obtain such funds. Upon the failure of any Member to pay said Special Assessment when due, thet( Association may exercise all its :fights, including, ` without limitation, the right to foreclose its lien, pursuant to the Article hereof entitled "Nonpayment of e Assessments"'. Without limiting the generality of the + foregoing, any pledge of Assessment rights in excess of an amount equal to twenty-five percent (251) of the total Regular Assessments collected by the Association in the t then preceding fiscal year, shall require the prior written approval of seventy five percent (75a) of the ! ' Institutional Mortgagees based on one (1) vote for each ! Unit subject to a First Mortgage held. t Section 8 - Emergency Powers_. The Aseoci,ition or any ` iatio» may enter any Units J ' person authoriaed by the Assoc in the event Cf ainy emergency involving 1lneRs or i ' potential Qer to life or property or as necessary to 24 r lftoil Sol 1 ni �'� ��k 'C' ��kt-�^.Z' ,, ,7+-r».. ♦*<... ..a.,,."jy: .,.. . � � �. Vit, Tiscareno, Vera From: Ian Carter Sent: Tuesday, September 15, 2020 4:40 PM To: Reekstin, Scott Subject: Wellington Plaza CC&R's Article II Attachments: Wellington Plaza CC&R's Article II.pdf Scott please find enclosed Article II of the CC&r's that addresses membership. Please note that is Section 6(d) a simple majority vote of the members is required for most matters addressed by the Association that requires a member vote. Ian 1 �j 5 � gK13^ � Bpr J7g � r section 32. "Unit Dividing Line" shall mean and refer to the line dividing contiguous Units as in9entified on the � A } Condominium Plan. ! Chase" shall. mean and refer to those p ' SECtion 33. Utility the portions of a Condominium Building idewhichearendesigned Condominium Plan by the letters "U2". , ` I i es, ductt� and other utility to accommodate wi=ts, p Py re extended between fir, facilities slowerues a flouorsland between iUnits. upper x t•y ARTTCLE II k x nnBF.RSHIP �V j Evezy owner shall be a Member. Section 1 - Membership-. The to=ms and provisions set�nersforthare notin sexxclusive, as which are binding upon all owners shall, in addition, be subject to the terms and 16 ;j provisions of the ArkiclP5, Bylaws and ASSOCiati.jn Rules ` to the extent the provisions thereof are not in conflict with this Declaration. Membership of Owners shall be fr appurtenant to and may not be separated from the interest of a Unit shall be i > of such Owner in any Unit. ownership provided, however, be regulated or suspended as the sole qualification for me mbersbip; P a Member;s voting rights maythe As r provided in this Declaration, the B}laws oshall existia- 4 ""' tion Rules. Not more than one membership based upon ownership of a singlt Unit. #r owner .s held by any �.. section 2 - Transfer. The membership or in any way, shall not be transferred, P shall automatically be except that such membership en owner ` transferred to the transferee of the in transferred afptoh bi.ted required for membership. Any attempt n the books r transfEr is void and will not be reflected upon { and records of the Association. The AssoRithsobooks lof have the right to record thefurthereactO n or consent by the Association wOwnert any the transferring secin Ri ht4. An owner's right to tion 3 ts Vot vote sh311 vest ea the date Req •:. , � cormnence upon such Owner's Units as provided !n this ed aly u Dtrlaration. All voting rights shall be subject to the restrictions and limitations provided he_�in and in the Articles, Bylaws and AssociRtion Ru lea. F m 4 - Classes of Votin Membershi . The Association Ak t erre tyro claszes cf vot ng membership. asp 9 v a A� ,M,Ml � s .� ., ...E .-'. 1 RK PG / / . Class A. Class A Members sha). wnNr.s with the Md Class i exception of the Declarant Wit ss 8 member- ship has been converted to C11, rship. Class � 1 A Members shall be entitled to ote for each F� Unit in which they hold tie in required for membership. When more th-n riL6 person owns a portion of the inLerest in a Unit required for membership, ! each such person shall be a Member and the ^ote for 0 such Unit shall be exercised as they among �_hemselves determine, but in no event shall more than one (1) vote be cast with respect to any Unit. The Associa- ; tion may, but shall not be obligated to recognize the .<. vote Or written ascent Of any such co-Owner except the z vote or written assent Of the the co-owner designated ' in a writing executed by all of such co-Owners and t � - delivered to the Association. i Class B. The Class B MPMt'tr shall be Declarant. The Class B Member shall be entitled to thrie (3) votes 9+ i for each Unit in which it holds the interest required �.+ for membecshipt provided that the Class B Membership shall cease and be converted to Class A Membership on s the happening of etthftr of the following events, whichever occurs earlier: 4 . When the total votes nutstanding in the Class A Mem!)ership equals 30; Nil (b) March 1, 1934. (c) When Declarant has elected to beome a Class **'4. A Member by written notice to the Board. r3 < .; Section 5 - Special Class A Voting Rights. Nutwlth- "f` standing the provisions o£ this Article, if the Class A p ursuart to Members do not have sufficient voting power p the voting rights set forth in this Declaration and the Bylaws to elect at least twenty percent (20R) of the total roF `+ number of directors on the Board, Lt any meeting of Members at which directors are to be elected, thon Such Class A Members shall, by majority vote, among themselves, elect the number of directors rcw4iired to equal twenty percent (20%) of the total number of directors on the Board. In the event twenty percent (201) of the total number of directors is equal to an'? fractional number, the r_umber of directors to be elected pursuant to the special Class A voting right shall be round,-1 to the next higher whole number. In no event shall the Class A Members be . .,F entitled to elect more than twenty percent (20W) of the totes number of directors, adjusted for any fractional nuseber ♦s hereinabove provided, pursuant to the provisions *)C ttilS gpe-_ial Class A voting right. The remaining r 74� - a ;, 10 r M; 1 , kl' � ��+ �,..> .rAr. �+•rrn ,+ a x _.. h: Pyr-.1� �� : N a'IMi..aH .w _x� �'a .. .� _��;t.r�-.. ..- - ._ ._ ..asW.- " - -:.'•aa w- 77///pp����V >�S � ��� �.�=s--s��:.• kie irt��':",.�.n�,-.�''dw� =r i���.s :,�?@f.;lil�E.5,f �� 5.� r S 41 .. - vacancies on the Board shall be elected by the Class B i' Members. ., Section b A proval of M tubers. Unless elsewhere other- t, wise spec fically provided in this Declaration or the 9ylaws; any provision of this Declaration or the Bylaws ,. which requires the vote or wiitten assent of the voting power of the Association or any class or classes of sw membership shall be deemed satisfied by the following: ( . (a) The vote in person or by proxy of the specified k• E . percentage at a meeting duly callea and noticed pursuant to the provisions of the Bylaws dealing with annual or special meetings of the Members. (b) written consentn signed by the specified percentage of Members as provided in the Bylaws. (cl In determining which Class A Members are entitled to vote or give their written assent pursuant to any E provision of this Declaration, the Board may, but shall &4, not be required to recognize those Members who have not executed a Membership Agreement and delivered the same to the Association as of a record date fixed by the Board Frl <r pursuant to the Bylaws with respect to.the particular vote in question. x (d) In any matter requiring the vote or written consent of Members, but not specifically provided for In this Declaration or the Articles, Bylaws, Association �# Rules or any contract executed by the Association, a i r simple majority of the voting power of Members entitled to vote on such matters shall suffice. # Section 7 - Approval by Each Class of Members. As long an z,. there is a Class B membership, any provision of the � F Articles, Bylaws, this 0-clacation, or the Association N . Rules which expressly requires the approval of a specified ka percentage of the voting power of the Arsociation befo!�e being undertaken, shall require the approval of said specified percentage of each of the Class A and Clasp B membership. ARTICLE III COVENAN- FOR MAINTEIIANCE ASSESSMENT) r Section I --Creation of the Lien and Personal Obligation o� Ax�gssrst ta. Each owner including the Declarant to the axt�.WiliSclarant is an owner as defined herein, of any Com^,,*tqa by acceptance of a deed or other conveyance, s �.' { � rtf�•. l £ tp tri' y .p,,.. D l ! ', r + 01fS J. �fi y t i Tiscareno, Vera From: Ian Carter Sent: Tuesday, September 15, 2020 3:56 PM To: Reekstin, Scott Subject: CC&R Voting Attachments: Wellington Plaza CC&R's Voting.pdf Dear Scott: Page 65 of the CC&R's allows us to amend the CC&R's with a 66-2/3 vote of the members. The Board has always used this number when a critical vote of the members comes before us. I enclosed the table of Contents and the applicable page. Ian 1 4 19 _ h >;�; Rewrtied Return to: $K 13228 PG 764 ji The Wellington Grog DECLARATION OF F b 17411 Irvine 81vd, Ste C COVENANTS CONDITIONS AND RESTRICTIONS. T'Ustin, CA 92680 i WELLINGTON PLAZA rQ REQUesr.tn IA OFFICE CONDomiNIUMS AMAM(RIGM IiIE IMS ORA:+GE COUNTY , CALIFORNIA t • j� '3M11 PM J U L 13 1979 { ; Table of Contents LEE A.BBARM cmety xK xex E t ' Page ' r " ARTICLE I - Definitions 2 if R ; Section 1 - Architectural Committeei FI Section 2 - Articles and Bylaws 2 Section 3 - Assessments 2 h Section 4 - Association 2 3 Section 5 - Association Rules Section 6 - Board 3 Section 7 - City ; Section 8 - County 3 iSection 9 - Common Area 3 Section 10 - Common Expenses 3 Section 11 - Condominium 4 �" F I Section 12 - Condominium Building } A Section 13 - Condominium Elements 56 fi Section 14 - Condominium Plan _ a ' Section 15 - Covered Property 6 E 5 Section 16 - Declarant 6 t ..! Section 17 - Development b r ., Section IS - Dividing Wall 6 f Section 19 - Exhibit Section 20 - Federal Agencies 6 7 Section 21 - Institutional Mortgage' Section 22 - Interior Boundary Plane 7 Fit's. Section 23 - Member 7 Section 24 - Mortgage 7 . Section 25 - Mortgagee 7 &� Section 26 - Ownert Section 27 - Project - 7 f Section 28 - Restricted Common Arei 0 ,^ m Section 29 - Standard Dividing wall Section 30 - Trustee ,, Section 31 - Unit 6 ='J Section 32 - Unit Dividing Line 8 't Section ;3 - Utility Chase 2/20/79 cis 1 � 4 •�M�t'-.. _ ...,,. ! A BK 1 3228 PG 705 ARTICLE II - Membership 9 ' Section I - Membership 9 �. #� Section 2 - Transfer ' Section 3 - Voting Rights 9 ' Section 4 - Classes of Voting Membership 9 Section 5 - Special Class A Voting Rights 10 F Section 6 - Approval of Members 11 Section 7 - Approval by Each Claes of Members 11 ARTICLE III - Covenant For Maintenance Assessments 11 Section I - Creation of th± Lien and Personal ;. Obligation of Assessments 11 ` •_ Section 2 - Purpose of Assessments 12 Section 3 - Regular Asge3snent8 12 Section 4 - Capital Improvement Assessments 13 "•k. Section 5 - Uniform Assessment 13 Section 6 - Certificate of Payment 14 Section 7 - Exempt Property 14 .a•= _ Section 8 - Special Assessments 14 Section 9 z Date of Commencement of t s f Pegular Assessments 14 Section 10 - No offsets 15 Section. 11 - Reserves IS ARTICLE IV - Nonpayment of Assessments 15 ' Section 1 - Delinquency 15 Section 2 - Notice of Lien 16 Section 3 - Foreclosure Sale 16 Section 4 - Curing of Default 17 ARTICLE V - ARCHITECTURAL CONTROL 17 } Section 1 - Appointment of Architectural Committee 17 t '+. Section 2 - General Provisions 17 �. Section 3 - Approval and Conformity -if Plans 18 *r . Section 4 - Nonliability for Approval of Plans 19 Section 5 - Appeal 20 m:.. -. Section 6 - Inspection and Recording of Approval 20 i Section 7 - Reconstruction AfterDestruction 20 Section 8 - Standard window Coverings 20 "R Section 9 - Book-up To Otilities 21 ` � } • f AR':ICLE VI - Duties and Powers of The Association 21 Section 1 - General Duties and Poimrs 21 5 .` Section 2 - General Duties of the Association 21 Section 3 - General Powers of the Association 22 Sreetion 4 - General Limitations and Restrictions t on the :'owvrs of the Board 22 js(f e • �. - 'a";� -L+�i►ry'S rwr ++i✓c 1 -......., -�5..- E f _ I t i - +K • , i • .f �t `f. t- .:r k.jy 1 -..ret - - - YY �-' 'y` •5_.a�..i._. ::-Y �'! sem_ �k sx 4-_ � N._', •�'' - �x 132'8 Ps 768 Page µ* 23 Section 5 - Association Rules Section 6 - Delegation of powers 24 ' 2 4 Section 7 - Pledge of Ansrss,nent Rights T Section 8 - Emergency Powers 24 25 ARTICLE VII - Repair and Maintenance f Section 1 - Repair and Maintenance by Association � 2 5 Section 2 - Repair and Mal.ntenance 26 ? by Owner Section 3 - Right of Association to Maintain and Install 28 Section 4 - Right of Entry 28 Section 5 - Maintenance of Public Utilities Section 6 - Assumption of Maintenance 26 Obligations ARTICLE VIII - Insurance 29 29 section 1 - Typea 30 Section 2 - waiver by Members `- Section 3 - Other Insurance 30 Section 4 - Premiums, Proceeds and Settlement 31 * Section 5 - Annual Insurance Review Section 6 - Abandonment of peplacement 31 r i � Cost Insurance 31 Section 7 - Federal Requirements {•. 32 ' A,' +i Section 8 - Trustee ' ! Section 9 - Individual Pro?erty Insurance 32 Prohibited - Section 10 - Rights of Own^rs to Insure 32 Section 11 - Required Waiver 33 34 . ARTICLE IX - Destruction of Improvements - Section 1 - Automatic Reconstruction 34 Section 2 - Reconstruction Pursuant 35 r,. to Meeting �m Section 3 - Decision to Reconstructs 35 5 procedure After Meeting Section 4 - Decision Not to Reconstructs 39 t Procedure After Meeting ' - Section 5 - Certificate of Intention 39 t to Reconstruct 39 Section 6 - Partition Section 7 - 39 Co"liance with Condominium Plan 39 Section S Me9aofOns with Insurer 39 "j.; Rerstion 9 - Repair 40 So*tio 10 - Amendment of Condominium Plen i ' • eConstruction of Common Area 40 R a y t- k MfryS_JF � x t�w. C -ti:�y .M 'Cates �tra,- •_ � '}`, � �1 �{. i. wf. fit.. IM �* °�`a.,t ' { �,e+� �--_M►'� t '-�i'+:��.�d� �i.'TTC"'S`�ts�� 3��^s. {` .�i �^j t"'r"`Y�'�� .. 's+ ;�; .x i,.�k ��`b .1 r fr iii rr�. r -� � �' `��+ f.• �, 7t,y..� ti y(� a ce L., m•S:.sl6...,+a3.;plv,. -•k.:s,-. ;i, ' ';Y',�i- 't;�,,.,,•y,-. ... ,. 'rx..r .:.:,.- ,yam .. ._.. e��f+.,�% - - ��, BK 1 3 2 u P G 7 5 page 2 Material 41 : t Section 12 - Availability of Labor ,tion 41 Section 13 - Contracting for Race' xcv Section 14 - S1venty-Five Percent (75e) 41 Vote Required f Section 15 - Costs of Collecting } � Insurance Proceeds 41 41 ARTICLE X - Eminent Domain Y 41 Section 1 - Definition of Taking r Section 2 - Representation by Board in 41 Condemnation Proceeding 42 '..,s Section 3 - Award for Condominium 42 Section 4 - Inverse Condemnation 42 Section 5 - Revival of Right to Partition k; Section 6 - Awards for Members' Personal PtoPectY 43 x &A Relocation Allowance 43 ;. =; Section 7 - Notice to Members 43 I ' Section 8 - Change of Condominium Interest `": 44 ARTICLE XI - Use Restrictions 44 i Section 1 - Commercial Use 43 Section 2 - Signe 44 Section 3 - Nuisance 44 Section 4 - Temporary Structures 44 r! Section 5 - Vehicles 45 f ` Section 6 - oil and Mineral Rights 45 Section 7 - Unsightly Items 46 Section 8 - Antennae And other Root Structure 46 6 Section 9 - Window Covers 46 r `` Section 10 - California Ve 46 hicle Code . - Af?TICLE XII - Rights of En joymtnt :.,.- 46 Sectio,. 1 - Members' Rightf Enjoyment 47 Section 2 - D�1ag Q 47 Section 3 - Waiver of Use }r' 49 ARTICLE XIII - Dividing Walls - 48 Section 1 - Definition of Dividing Wa'.1 4E g Section 2 - Right to Erect Dividing Wall 49 r Section 3 - Right to Remove Dividing wall 44 Section 4 - Preservation of Utility Chase 49 f � ,;. Section 5 - Usa of Guiding Nall 50 Section 6 - Sharing of Repair and Maintenance •", Section 7 - Destruction by Tire or Other Casualty 5n Section 8 - Right to Contribution 50 • Section 9 - Arbitration ` y j i Al ti �F. . srt 'rt. 'i ;��A�i� LY41'� Y r > y .�R t �'.�1}�i�a:d3 •. f R'��II�L�AtiIF Jn1fi���)�l F'�' � F V;:14 _ .r.. SK 13228 PG 763 ; Pae t ARTICLE XIV - Easements so Section 1 - Amendment to Pliminate Easements 50 f Section 2 - Nature of Easements 5o < v Section 3 - Certain Rights and Easements Reserved to Declarant 51 i Y Section 4 - Certain Easements for Owners 51 j Y . Section 5 - Certain Easements for Association 52 Section 6 - Support, Settlement and Encroachment 53 ARTICLE XV - Rights of Lenders 53 Section 1 - Piling Notice; Notices 49 and Approvals 53 ' Section 2 - Prior:ty of Mortgage Lien 54 Section 3 - Curing Defaults 54 Section 4 - Resale 54 Section 5 - Relationship with Assessment Liens 55 Section 6 - Seventy-Five Percent (75%) Vote of Instit,3tional Mortgagees 51 Section 7 - Other Rights of Institutional , Mortgagees 55 i Section 8 - Mortgagees Furnishing Information 57 Section 9 - Right of First Refusall 57 Section 10 - Conflicts 57 .., Section 11 - Voting Rights of Institutional Mortgagees 57 .Section 12 - Notice of Destruction or Taking 57 Section 13 - Payment of Taxes or Premiums ` ,. by Instititional Mortgagees 50 ' ARTICLE XVI - Limitations upon the Right to f }� Partition and Severance 58 ' Section 1 - No Partition 58 Section 2 - No Severance 59 . ' Section 3 - Proceeds of Partition Sale 59 ( ARTICLE XVII - Protection of the Project from Liens 60 t i Section 1 - Association o Defend Certain Actions 60 - t Section 2 - Payment of Lien 50 u + Section 3 - Ownars to be Specially Assessed 60 Section 4 - Reimbursement by Certain Owners 60 f A � ' visions 61l P V ARTICLE XIII - Generaro `j► PP Section 1 - Enforcement 61 Section 2 - into waiver � Section 3 - Cumulative Remedies 61Y '! Section 4 - Severability 62 HY4�WYC04ro1..' __t��+'C^fiM�nV-+4.�+r�f`rr��•—.•.-- -. _...._ - - _.-__..�..... - - .-� r--..... --- -N1� I��� i BK 13228 P" 769 '- r % w,•: ' Pae 1 Section 5 - Covenants to Pun with the Land; Term 6G2 r+ Section 6 - Construction 62 �u Section 7 - Singilar Includes Plural 62 ' k Section 8 - Nuisance 62 Section 9 - Attorneys' Fees 63 Section 10 - Notices 63 Section 11 - Obligations of Declarant Section 12 - Effect of Declaration 64 6 d Section 13 - Personal Covenant fi4 .x Section 14 - Nonliability of Officials 64 Section 15 - Leases 1 64 Section 16 - Construction By Declarant J Section 17 - A"ndments b5 EXHIBIT A - Covered Property g EXHIBIT 8 - Fractional Undivided Interests in Common Area ' A 4 . f Vit• t! A r yJ�/ , .amu•' __.__ 4�(S ! covered pr BK 1 3 2 2 8 F6 oPert X33 reasonablystructures leting necessary and completing the Y for the conduct of displays as may ` I or otherwise and disposing of J right of the s business o� title b Declarant at ons Declarati ase SY sale, ~ { ! Covaredy a purchaser fr p time priorntohall not limit the rights-o .r�,�ertY additioaD*clarant to establish of ay to itse licenses, rase on the theerj as fdaY from time to utility coma rvations and Declaran development and dt;e be P Hies. or to Plana and reserves the ri Posal of�thebly or to Declarant designs na it deessto alter its cDeveloPment. successors rounder appropr{ate, °f'struction - interest in to all may be assigned to The rights of Interest or Part of said any successor or i PoratedtIn Devel°Pment, b entity�s res f be, transferring recorded Y an express respective Declarant in , a=ssignment I Y y Dec n9 such deed or lease, P."ovision shall exercise its to such succe the case may with in such a „ rights co s3or. ned Property, embers' rightsato�t to unreason yInthst use enjoy the ' section l' _ Covered interfere of this DeclaAmendments. rights of Mortation, includinject to the other Provision, wiseentitled •Insurance• Pursuant nd swantgtowthe°A=ticmit&tion, the i this Rights i' Declaration ma of Lender Articles hereof a (a) Dnt1I Y be amended as fc! or other- Pursuant to this such time as there shall b Declaration, recorded effectiv raezutaaendmentslsaa A Membership { In theor modifications after official Records by Declaran assentaor amendaents t and when the .. Percent vote of notalgias require the affirmative There- further (66-2/30) of the votin n sixty-six enda�lve written . this two-thirds than a7°endAent ndment provlSion°shallfnt ebMembers and voting and tw°lthirdsen assent or vote amended to t �,. ng Power of the Members. Percent 166_ of less (b) In addition2/3i) of modification o to the ' maintenance f the Articles fore going, any &sen •Arcbitectura2sesants,• .�oneaeof entitled Covent or F *Destruction OfControl, RePaPrY�Mnt of Asaeaa errant for ' • Bents, additio�llp r IaProvesents• and and , Intenance11 Mrs than sY require the prior eminent Domain- : the Class A Me bfrs�and two-third.;tan &PProvaliof not shall i Percent (66-2/3S) of 65 t 11 A 40 Y.' .'Fl.-. _ ..'.. f•: - r :". _c.::lh-.:.., ' c�'` . #v6, T4 + i "i ".S . ,i ':1.,= Tiscareno, Vera From: Ian Carter > Sent: Tuesday, September 15, 2020 2:36 PM To: Reekstin, Scott Subject: Fwd: Wellington Plaza submittal before the City Council Attachments: Wellington Plaza Alan Thomas Notarized Declaration.pdf Dear Scott: Please submit this email from the Wellington Plaza Association Board to the City Council for consideration. As the Board of the Wellington Plaza Association we are aware that one of our members, Mr. Alan B. Thomas has sent a letter to the Council requesting that the City Council leave the zoning of Wellington Plaza as is. This is contrary to his notarized Declaration signed on January 13, 2020 that supported the zoning of Wellington Plaza to be "office use only". 100%of the owners signed similar declarations. His declaration was signed willfully and under penalty of perjury. As a Board we find Mr. Thomas' letter to the city to be in extreme bad faith since he fully understood the Association's request to the city and endorsed it with a signed Declaration. It is difficult to get one such declaration signed, but to have 100%of the owners agree to anything is a small miracle and one that deserves the Council's approval. The Wellington Plaza Board and the owners have been working on this request with the city for over two years. Mr. Thomas had ample time to offer his opposition. His approval authorized the Board to use Association funds to process the application. To date there may be as much as $50,000 and more expended in this endeavor. The Board never dreamed that Mr. Thomas, after approving the submittal, would at the last minute change his mind after substantial funds had been expended. If you consider the time and effort put in by the Board on behalf of this venture (at no remuneration), the cost would probably exceed over$100,000. When asked today about his position Mr. Thomas denied having signed a Declaration (a copy of which is enclosed). He signed a declaration on January 13, 2020 which gave him plenty of time to consider his signing and refusing to sign. But he did sign and his letter to the city will cause Association considerable damage if their request is not approved by the City Council. Mr Thomas owns 10%of the Wellington Plaza property. He should not be allowed to damage the interests of 90%of the owners that desire the City approve this request. He should not be allowed to sign a notarized Declaration and at the last second try to rescind it. The Board of Wellington Plaza stands on its original request to the city including the Declaration signed by Mr. Alan Thomas. We respectfully request that the Council do not consider Mr. Thomas' letter at this late date, we believe the interests of 90%of the owners should prevail over Mr. Thomas. Thank you for your consideration. Wellington Plaza Association Board signed by: Ian B. Carter Gregory Morse Dani Weber Jeffrey Lerch 1 s t r. f WELLINGTON PLAZA PROPERTY OWNER DECLARATION 1 E S Project Information: Request to the City of Tustin for Planned Community to allow for"Office Use" only, i. Name: Commonly known as Wellington Plaza Office Condominium Association (Assoc of 40 Condos). Location: 505-513 East First Street,Tustin, CA 92780 Physical Property Address(s)applicable to this Declaration are listed below: l Applicant Name: Wellington Plaza Association, c/o Regency Management, Inc, 17662 Irvine, Suite a S,Tustin,CA. 714-838-0898., } i Type of Review Requested: Planned Community to allow for Office Zoning Only. OWNER DECLARATION 1 �1l I hereby certify that I am one of the owners of the real property described in the attached application. I hereby acknowledge that the attached application may not be considered complete until I am notified ' by the Community Development Department consistent with State Laws. I hereby certify that all of the information contained in the attached application, including supplemental application forms, and other submission materials as specified in the informational handout provided by the Community Development Department has been submitted,and the information, is to the best of my knowledge and belief,true and correctly represented. Should any or all of the information submitted be false or incorrect, I hereby agree I to defend, indemnify, and hold the City of Tustin harmless from liability and loss by reason of reliance on any such information. I hereby grant the City the authority to place a public hearing notice on the subject property. r f€ Date: l 'Zv�o Print Name&Title ��,141 8 "thopto rxo in 1 Physical Rroperty Address(s) � pit; 7y.777N C r 2.7$p �Vp�' i +&A1"7: i "Phdin e Number llA{ "��j+�(1Y]Mail Address PV t 0ri17,-) t f Email/+fkvota# I Attachment: A notary public verification is attached to this Declaration and made a part hereof: CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of On i before me, Adv CU \G Homo itiere insert name and d e otiTe�o icer personally appeared l� '(3 . —Crn>inGi S who proved to me on the basis of satisfactory evidence to be the personi<whose name,isle subscribed to the within instrument and acknowledged to me that he/may executed the same in his/heir authorized capacity, and that by his/heir signature.�on the instrument the person(Iq,or the entity upon behalf of which the person(s)cacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. AIANA NAV WITNESS my hand and official seal. CoRImaR>don O No. 2269M NOTARY pUBUGCALWORNIA + ORANGECOUNTY My Comm.Expire•DECEMBER 4,2022 Nota Ic Signature (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long l ` y , �1��� ���e� as the wording does not require the California notary to violate California notary V��1 1 V Jaw. (Title or descriPbn of attached document) • State and County information must be the State and County where the document D� Gw�- signer(s)personally appeared before the notary public for acknowledgment. S/ • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as.it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. lie/she/*e}-is/are)or circling the correct forms.Failure to correctly indicate this El Individual (s) information may lead to rejection ofdocument recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact 0 Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document,number of pages and date. ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 01 r Version h'..:;k`E*:o? ryG(assN,.con?30`_1-8"1_9865 • Securely attach this document to the signed document with a staple. Tiscareno, Vera From: Ian Carter Sent: Tuesday, September 15, 2020 12:56 PM To: Reekstin, Scott; Art Bashmakian;Art Bashmakian; Art Bashmakian Subject: Wellington Plaza Submittal to the City of Tustin Dear Scott: I am panicked trying to reach you. 1. We have decided since Alan Thomas signed an affidavit under penalty of perjury that was notarized that he wanted to go ahead with the Wellington Plaza proposal he totally understood what he was doing and it is extremely bad faith on his part to come in at the last minute with his letter and our proposal should go before the City Council today. 2. Mr Thomas owns only 10%of Wellington Plaza and after all the work we have done to get to this point the interest of 90% of the owners should prevail. 3. After over two years of working with the city the Planning Department has finally approved our request and that should hold weight with the City Council. There are probably few, if any, projects that have had this much scrutiny prior to approval. We trust this matter will go before the Council as planned today. Please advise you received this demand. Thank you. Ian B. Carter President Wellington Plaza Association 1 Tiscareno, Vera From: Ian Carter Sent: Tuesday, September 15, 2020 12:56 PM To: Reekstin, Scott; Art Bashmakian;Art Bashmakian; Art Bashmakian Subject: Wellington Plaza Submittal to the City of Tustin Dear Scott: I am panicked trying to reach you. 1. We have decided since Alan Thomas signed an affidavit under penalty of perjury that was notarized that he wanted to go ahead with the Wellington Plaza proposal he totally understood what he was doing and it is extremely bad faith on his part to come in at the last minute with his letter and our proposal should go before the City Council today. 2. Mr Thomas owns only 10%of Wellington Plaza and after all the work we have done to get to this point the interest of 90% of the owners should prevail. 3. After over two years of working with the city the Planning Department has finally approved our request and that should hold weight with the City Council. There are probably few, if any, projects that have had this much scrutiny prior to approval. We trust this matter will go before the Council as planned today. Please advise you received this demand. Thank you. Ian B. Carter President Wellington Plaza Association 1 Tiscareno, Vera From: Yasuda, Erica Sent: Tuesday, September 15, 2020 8:04 AM To: Willkom, Justina; Reekstin, Scott Subject: 9/15 Public Input Attachments: Alan B. Smith.pdf Good morning, Attached please find public input for the public hearing item. This has already been distributed to the Council. Regards, Erica N.Yasuda City Clerk/ADA Coordinator City of Tustin 714 573-3025 eyasuda@tustinca.org 1 From: Alan Thomas <athomas@thomasandfees.com> Sent: Monday, September 14, 2020 3:27 PM To: City Clerk<CityClerk@tustinca.org> Subject: COMMENT FOR 9/15/2020 PUBLIC HEARING Wellington Plaza Specific Plan Amendment 2020-00001 Comment for the Meeting scheduled 9/15/2020 We disagree with the attempt to implement the Wellington Plaza to Office use only. With so many people working from home now we do not want vacant units in our complex. The current tenant/owners who are dental & hairdresser are our neighbors and give us a sense of security and absolutely zero problems. There are no parking or other issues. They actually add to the safety of our office staff and the value of our property by having legal and viable business operations. Prior to those businesses moving in here we had problems with vacant spaces being used as sleeping quarters for the homeless and we had some units being rented out as marijuana grows. We are concerned that because of Covid office space is now abundant and there may be more vacant space. We own the back unit directly adjacent to the Hairdresser and the Dentist and we are happy there are here. Please consider our request and do not change the regulations. Best, ALAN B.THOMAS OWNER OF 511 E. FIRST STREET, SUITE C TUSTIN, CA THOMAS & FEES ACCOUNTANCY ATTACHMENT F ORDINANCE NO. 1509 AND EXHIBIT 1 ORDINANCE NO. 1509 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2020-00001 TO AMEND THE DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (DCCSP) SUCH THAT ONLY OFFICE USES WILL BE ALLOWED TO BE ESTABLISHED WITHIN THE EXISTING BUILDINGS AT WELLINGTON PLAZA LOCATED AT 505-515 E. FIRST STREET. The City Council of the City of Tustin does hereby ordain as follows: SECTION 1. The City Council finds and determines as follows: A. That a proper application for Specific Plan Amendment 2020-00001 was filed by Art Bashmakian of Sagecrest Planning and Environmental, on behalf of the owners of the Wellington Plaza office condominium complex, requesting authorization to amend the Downtown Commercial Core Specific Plan (DCCSP) applicable to the Wellington Plaza office complex such that only office uses will be allowed to be established within the existing buildings. B. That the DCCSP, which was adopted on July 3, 2018 by Ordinance No. 1497, allows retail and services uses, including offices, in addition to mixed use residential uses (subject to approval of a residential allocation reservation) within Development Area 3, in which Wellington Plaza is located. C. That the owners of Wellington Plaza are desirous of maintaining the property as an office complex only so as to retain the character of the property and ensure compatibility among uses on the site. Office uses are generally non-disruptive in nature, have similar hours of operation, and are less impactful on adjacent uses than are some general retail and service uses. D. That SPA 2020-00001 is consistent with Senate Bill 330, which prohibits a county or city, from enacting a development policy, standard, or condition that would have the effect of changing the land use designation or zoning of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing zoning district below what was allowed under the general plan or specific plan land use designation and zoning ordinances of the county or city as in effect on January 1, 2018, in that the zoning of the property in effect on January 1, 2018, was the First Street Specific Plan, which allowed commercial uses, but did not allow residential uses or mixed use residential uses on the property, which are allowed by the DCCSP. Ordinance No. 1509 SPA 2020-00001 Page 2 E. That SPA 2020-00001 is consistent with the Tustin General Plan in that office uses are allowable uses pursuant to the Downtown Commercial Code Specific Plan Land Use Designation. In addition, SPA 2020-00001 is consistent with the General Plan Land Use Element goals and policies to achieve balanced development and ensure that compatible and complementary development occurs. F. That a public hearing was duly called, noticed, and held on said application on August 25, 2020, by the Planning Commission. Following the public hearing, the Planning Commission adopted Resolution No. 4407 recommending that the Tustin City Council approve SPA 2020- 00001 by adopting Ordinance No. 1509. G. That on September 15, 2020, a public hearing was duly noticed and called concerning SPA 2020-00001 (Ordinance No. 1509), and the public hearing was continued to and held on October 6, 2020 by the City Council. H. That the proposed Specific Plan Amendment is not subject to the California Environmental Quality Act(CEQA) pursuant to California Code of Regulations, Title 14, Chapter 3, Sections 15060 (c) (2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in a physical change to the environment, directly or indirectly. SECTION 2. The Downtown Commercial Core Specific Plan is hereby amended by adding Section 3.2.3 to read as provided for in Exhibit 1. SECTION 3. Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. 1509 SPA 2020-00001 Page 3 PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 20th day of October, 2020. DR. ALLAN BERNSTEIN, MAYOR ATTEST: ERICA N. YASUDA, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1509 Erica N. Yasuda, 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 Ordinance No. 1509 was duly and regularly introduced and read by title only at the regular meeting of the City Council held on the 6th day of October, 2020, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 20th day of October, 2020, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Erica N. Yasuda, City Clerk Published: