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07 GD LEASE TAMA 11-06-00
AGENDA RF ORT NO. 07 1-06-00 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: CHRISTINE A. SHINGLETON, ASSISTANT CITY MANAGER SUBJECT: GROUND LEASE BETWEEN THE CiTY OF TUSTIN AND TUSTIN AUTO CENTER MERCHANTS ASSOCIATION SUMMARY Approval is requested to permit the City to lease unimproved right-of-way associated with the future extension of Myford Road for an interim period to permit a temporary auto storage facility for the Tustin Auto Center Merchants Association. RECOMMENDATION It is recommended that the City Council: 1) Adopt Resolution No. 00-76 certifying the negative declaration for the project, as adequate, and; 2)~ Authorize the City Manager or Assistant City Manager to execute, on behalf of the City, a Ground Lease with the Tustin Auto Center Merchants Association. FISCAL IMPACT No direct impact on the General Fund at this time. Minimal staff time to oversee Ground Lease will be offset by cost savings to the City for maintenance and weed control of the currently unimproved right-of-way. BACKGROUND/DISCUSSION The extension of Myford Road south of its current terminus between El Camino Real and the Santa Ana (I-5) Freeway is currently shown on the Tustin General Plan as a future improvement. VVhile these improvements are not anticipated for several years, the right- of-way dedication for the improvements has been accepted by the City. The currently unimproved right-of-way is adjacent to the Tustin Auto Center. The Tustin Auto Center Association is desirous of leasing the unimproved right-of-way to assist them in alleviating temporary storage needs at the adjacent Tustin Auto Center which is inhibiting its ability to attract and market additional customers. William A. Huston Ground Lease with Tustin Auto Center Merchants Association November 6, 2000 Page 2 The auto dealers are developing plans to construct a future parking and vehicle storage facility in the future within the boundaries of the Auto Center. The auto dealers have requested that the City lease them the unimproved Myford right-of-way until the right-of- way is needed by the City for the Myford Road extension and until the auto dealers are able to finance and construct additional permanent parking and vehicle storage facilities within the Auto Center. The proposed right-of-way would be used for overflow storage of vehicles from the auto dealers. While improvements will be temporary, they will involve paving, security fencing and lighting installation. There would be 149 parking stalls within the site. With tandem parking, these stalls could hold up to 314 vehicles. Enclosure is proposed to secure the facility on all sides. In addition, each parking stall would be enclosed by security fencing and a gate in front. The entrance security gate is proposed at the existing terminus of Myford Road that would secure vehicles beyond this point. A turn around space for emergency vehicles would be provided by a 40 foot by 25 foot space at 150 feet from the proposed location of the security gate. Since the driveway gate would be visible from El Camino Real, it will require installation of a decorative wrought iron gate. Storm runoff from the proposed temporary automobile storage area will be directed to existing public catch basins and/or to a system of proposed catch basin(s) and underground storm drain pipes tributary to the El Modena- Irvine Channel. Plans for the temporary vehicle storage facility were reviewed and approved by the Tustin Planning Commission on May 22, 2000 (P.C. Resolution No. 3726). Staff believe that accommodating temporary parking and vehicle storage on the subject site will be an important public purpose which will promote economic development and the ultimate permanent physical improvement of the Auto Center, attract new business, create jobs and prevent erosion of the local tax-base associated with the Auto Center. Major provisions of the proposed Ground Lease are outlined as follows: Term - The term of the lease is for seven (7) years unless earlier termination is necessitated to accommodate City construction of the Myford Road extension. Rent - No rent payment is required in consideration for the lease but as a triple net lease the tenant will be responsible for all property taxes and expenses. · Security Deposit - $10,000. William A. Huston Ground LeaSe with Tustin Auto center Merchants Association November 6, 2000 Page 3 Insurance - Tenant will be required to provide comprehensive public liability and property damage insurance with a combined single amount of $1,000,000. Construction of improvements - Tenant will be responsible for all costs associated with required improvements to be constructed on the site and for maintaining a performance bond during any period of construction. Improvements - Upon termination of lease, improvements become property of the City. ENVIRONMENTAL ANALYSIS An Initial Study/Negative Declaration was previously prepared for the project as part of the Planning Commission's approval of Conditional Use Permit (CUP) 00-011. Based upon review and the previous CUP approved by the Planning Commission, all mitigation measures were included as conditions of the Planning Commission previous approval for the project. The City Council needs to merely re-certify the previously adopted Negative Declaration. Assistant City Manager ccrpt/Auto Center Lease.doc Attachments: Ao B. C. D. Location Map Ground Lease Initial Study/Negative Declaration Resolution No. 00-76 ATTACHMENT A Location Map LO _ ATIO N MAP BUICK UNCOI. N i~x, cp.~£Rso.'v I rush.,v ' i' 'i :: r'oRo LO~' ~ IUSnN L£XU$ I NO SCALE ATTACHMENT B Ground Lease GROUND LEASE BETWEEN THE CITY OF TUSTIN AND AUTO CENTER MERCHANTS ASSOCIATION This Lease is made and entered into by and between the CITY OF TUSTIN ("City"), a general law city and municipal corporation ("Landlord") and the Tustin Auto Center Merchants Association, a non-profit California Corporation, (hereinafter "Tenant") on ., 1999, with respect to the following facts: RECITALS Ae Landlord is the.owner of certain real property located in the City of Tustin, County of Orange, and State of California as more particularly described in Exhibit A, annexed hereto and made a part hereof (the "Premises"). Be Landlord intends in the future to construct an extension of MYford Road south of E1 Camino Real, which encompasses the subject Premises. The Premises is adjacent to the west to the Tustin Auto Center ("Auto Center") which is a large contributor to the local economy which contains common areas that are managed by the Tenant. The Tenant is experiencing temporary parking and vehicle storage needs which is inhibiting its ability to attract and market additional customers to the Auto Center. The Tenant is developing plans to construct a future parking and vehicle storage facility in the furore within the boundaries of the Auto Center. The Landlord desires to lease the subject Premises to Tenant until the subject Premises are needed by Landlord for the Myford Road extension and Tenant is able to finance and construct additional permanent parking and vehicle storage facilities within the Auto Center. The Landlord finds and determines that accommodating temporary parking and vehicle storage on the subject Premises is an · important public purpose which will promote economic development and the permanent physical improvement of the Auto Center, attract new business, create jobs and prevent erosion of the local tax-base associated with the Auto Center. NOW, THEREFORE, in consideration of the promises and mutual covenants herein the Parties agree as follows: 1. AGREEMENT TO LEASE PREMISES Landlord hereby agrees to lease to Tenant the Premises and Tenant hereby agrees to lease the Premises from Landlord. 2. TERM AND OPTION TO RENEW 2.1 Term. The term ("Term") of this Lease shall be seven (7) years, commencing on ("Commencement Date") and ending on ("Expiration Date"), 'unless sooner terminated as provided herein. 2.2 Commencement of Possession. If Landlord is unable to give possession of the Premises on the Commencement Date because the Premises are not ready for occupancy, the Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances, unless the delay is the fault of the Tenant, no such failure to give possession on the Commencement Date shall in any way affect the validity of the Lease or the obligations of Tenant hereunder, nor shall same be construed in any way to'extend the term. 2.3 Option to Renew. Provided that Tenant is not in default in the performance of this Lease, Tenant shall have the option to renew the Lease for one (1) additional term of three (3) years commencing at the expiration of the initial term. All of the terms, covenants and conditions of this Lease shall apply during the renewal term(s). The options(s) to renew shall be exercised by written notice given to Landlord not less than 90 days prior to the Exp.iration Date of the initial term and for such subsequent renewal term as provided herein. 3. RENT Tenant shall provide the Landlord, as rent hereunder, the performance of all services, covenants and conditions as provided herein. 4. SECURITY DEPOSIT 4.1 Upon or after the Commencement Date and prior to taking possession of the Premises, Tenant shall pay to the Landlord a security deposit in the sum of $10,000. In lieu thereof, Tenant may deposit said amount in a bank or other financial institution whose deposits are federally insured, provided that a certificate of deposit is delivered to the City Manager. giving Landlord the exclusive right to withdraw any or all of said amount at any time during the term of this Lease.- Tenant shall be entitled to any and all interest accruing from said certificate of deposit. A. Said sum shall serve as security for faithful performance of all covenants, promises and conditions assumed by Tenant herein, and may be applied in satisfaction and/or mitigation of damages arising from a breach thereof, including, but not limited to, delinquent payments; correction of maintenance deficiencies securing required insurance; completion of construction; and payment of stop notices or claims of mechanics liens. Application of amounts on deposit in satisfaction and/or mitigation of damages shall be without prejudice to the exercise of any other fights provided herein or by law to remedy a breach of this Lease. B. In the event any or all said amounts is applied in satisfaction and/or mitigation of damages Tenant shall immediately deposit such sums as are necessary to restore the security deposit to the full amount required hereunder. C. Said sum shall be returned to Tenant upon termination of this Lease less any amounts that may be withheld therefrom by Landlord such heretofore provided. 2 5. CONDITION OF PREMISES AND REPRESENTATIONS 5.1 Condition of Premises. Tenant has reviewed and examined the Premises and knows and accepts the Premises, in its present condition and sate of repair, and Tenant hereby agrees that Landlord shall not be liable for any latent or patent defect thereon. Tenant acknowledges and agrees that Landlord makes no representation or warranty concerning such condition and state of repair, its fitness, availability and suitability for the uses intended by tenant including, without limitation, any future construction upon the Premises, or any agreement or promise to alter, improve, adapt, repair or keep in repair the same, or any item thereof, which has not been fully set forth in this Lease. 5.2 Powers of Landlord. Tenant acknowledges that Landlord is a governmental entity which, in addition to being owner of the Premises, exercises certain police powers, taxation powers, and other governmental powers, duties and authorities over the Premises and improvement thereon. This Lease shall not in any way affect the exercise of such powers, duties and authorities. There shall be no duty on the part of the governmental entity comprising Landlord or any other governmental entities (including without limitation the City of Tustin) to cooperate with Tenant in connection with the development of the Premises, or any other obligations of Tenant under this Lease. 5.3 Representations of Landlord. Landlord represents and warrants as follows: (a) That it has the power and authority to enter into this Lease, and to lease the Premises to Tenant on the terms set forth in this Lease, and that the execution and delivery hereof and the performance by Landlord of its obligations hereunder will not violate or constitute an event of default under the terms or provisions of any agreement, document or instrument to which Landlord is a party or by which it is bound. Co) That all necessary actions and proceeding required to be taken by or on behalf of Landlord to authorize it to make, deliver and perform the terms of this Lease have been or will be duly and properly taken prior to the Commencement Date, and that this Lease is a valid and .binding obligation of Landlord. (c) Landlord has no actual knowledge of any Hazardous materials on the Premises except as has been disclosed in writing to Tenant. 5.4 Representations of Tenant. Tenant represents and warrants as follows: Premises from hereof and the (a) That it has the power and authority to enter into this Lease, and to lease the Landlord on the terms set forth in this Lease, and that the execution and delivery performance by Tenant of its obligations hereunder will not violate or Constitute an event of default under the terms or provisions of any agreement, document or instrument to which Tenant is a party or by which its bound. (b) That all necessary actions and proceeding required to be taken by or on behalf of Tenant to authorize it to make, deliver and perform the terms or this Lease have been or will be duly and properly taken prior to the Commencement Date, and that this Lease is valid and binding obligation of Tenant. 5.5 Title Insurance. On the Commencement Date, Landlord shall provide Tenant, at Tenant's expense with an ALTA lessee's policy of title insurance from a title insurer and in a form reasonably acceptable to Tenant and for a mutually agreeable liability amount, insuring Tenant's Leasehold Estate, subject to such permitted exceptions as are shown in Exhibit A hereto. Landlord and Tenant shall cooperate and execute and deliver all documents necessary for the issuance of such policy. 6. CONSTRUCTION OF IMPROVEMENTS 6.1 Tenant shall construct on the Premises certain improvements as provided for in: (a) the Scope of Development (Exhibit B); (b) this Agreement; and (c) all plans approved by the Landlord. 6.2 Basic Concept Drawings..Tenant .shall prepare and submit for Landlord's review and written approval basic concept drawings and related documents for the improvement of the Premises. The Premises shall be improved as established in the approved basic concept drawings and related documents, except as changes may be approved in writing by both Tenant and Landlord. Any such changes shall be within the limitations of the Scope of Development. (Exhibit B). 6.3 Construction Plans, Drawings and Related Documents. Tenant shall prepare and submit preliminary and, thereafter, final construction plans or other drawings or plans and all related documents pertaining to the Premises (the "Construction Drawings") to Landlord for Landlord's review and written approval within the time established in the Schedule of Performance, as defined in Section 6.6, below. Construction Drawings are hereby defined as those required for, and in sufficient detail to obtain, City of Tustin land use entitlement and' building permits for all Improvements for which permits are required. 6.4 Landlord Approval of Construction Drawings. Subject to the terms of this Lease, Landlord shall have the fight of architectural and site planning review of all Construction Drawings, including any changes thereto. However, nothing herein shall relieve Tenant of any obligation to submit plans and other documents required for any development permits or building permits, to City departments or other public agencies. Landlord shall approve or disapprove the Construction Drawings within the time established in the Schedule of Performance (Exhibit C). Failure by Landlord to either approve or disapprove the Construction Drawings within the time established in the Schedule of Performance shall be deemed approval of the same. Any disapproval shall state in writhing the reasons therefor and the changes which Landlord requests be made. Such reasons and such changes must be consistent with the Scope of Development (Exhibit B) and any items previously approved or deemed approved hereunder by Landlord. Tenant shall revise such construction Drawings and resubmit them to Landlord as soon as possible after receipt of the notice of disapproval, and in no event later than thirty (30) days after receipt of the notice of disapproval. If Tenant desires to make any changes to the Construction Drawings after their approval by Landlord, Tenant shall submit the proposed change to Landlord for its approval. If the Construction Drawings, as modified by the proposed change, conform to the requirements of Section 6.3 of this Agreement, the approvals previously granted by Agency under this Section 6, and the Scope of Development (Exhibit B), Landlord shall' approve the proposed change and notify Tenant in writing within thirty (30) days after submission to Agency. Such change in the Construction Drawings shall, in any event, be deemed approved by Landlord unless Landlord delivers to tenant, within such thirty-day period, a written notice of disapproval of the Construction Drawings, in whole or in part, setting forth in detail the reasons for such disapproval. Tenant, upon receipt of a notice of disapproval, shall review such portions of the Construction Drawings as are disapproVed and resubmit them to Landlord within thirty (30) days after.receipt of the notice of disapproval. 6.5 Cost of Construction. Tenant shall bear the full cost of planning, designing, and constructing all improvements on the Premises. Landlord has no responsibility for the improvement of the Premises and nothing herein shall imply, nor be construed to, place any such responsibility on Landlord. 6.6 Schedule of Performance. Tenant shall begin and complete all construction and improvement of the Premises as provided in the Scope of Development (Exhibit B) and within the times specified in the. Schedule of Performance (Exhibit C). Landlord may, at its sole discretion and upon written request fi.om Tenant, extend the times specified in the Schedule of Performance (Exhibit C) dealing with Construction of Improvement. Any such extensions shall not be deemed as amendments to this Agreement, as defined in 26.2, hereof. Any such extensions shall be evidence by written notice fi.om the City Assistant City Manager or his/her designee. 6.7 Conditions of Construction. 6.7.1 Required Licenses and Permits. Before commencement of construction of the Improvements on the Premises, Tenant shall,' at its own expense, secure or cause to be secured, any all licenses and permits which may be required by the City or any other governmental agency affected by such construction. Tenant or the approved contractor must (a) submit plans for permits, (b) complete the plan check process, (c) obtain permits, and (d) commence work, within the applicable time periods specified in the Schedule of Performance (Exhibit C). 6.7.2 Tenant shall require its contractor to agree to defend and indemnify Landlord from the contractor's negligence or willful misconduct in the construction of improvements. Section 12. 6.7.3 Prior to commencement of construction, Tenant shall comply with 6.7.4 Quality of Work. All work shall consist of permanent construction of a good quality high aesthetic design, and all workers and subcontractors shall be skilled in their trades. 6.7.5 Quality of Materials. Unless otherwise specified, all materials shall be new, and shall be of good quality. 6.7.6 Maintenance of Site. Tenant covenants and agrees for itself, its successors, its assigns and every successor in interest to the subject site or any part thereof, that 'solely at Tenant's expense, the Tenant shall maintain the site during and after construction and keep the Premises reasonably free from any debris and waste materials, and all implements, surplus materials; and surplus equipment. 6.7.7 Indemnity. Tenant agrees to defend, indemnify and hold Landlord harmless from any errors or omissions or willful misconduct by Tenant in the construction of the improvements. 6.7.8 No liens or Stop Notices. Tenant shall keep the Premises free of any liens or stop notices. 7. USE OF PREMISES 7.1 Use and Occupancy. Tenant covenants and agrees for itself, successors, its assigns, and every successor in interest that during construction and thereafter, Tenant shall develop and devote the Premises for parking, vehicle storage for the benefit of members of the Tustin Auto Center Merchants Association only and for no other use whatsoever. The covenants expressed in this Section are covenants running with the land for the term of this Lease. 7.2 Compliance with Law, Tenant agrees to comply with all applicable governmental laws, ordinances, and regulations in connection with its use of the Premises, and that it shall neither use or occupy the Premises or any part thereof, nor knowingly permit, the Premises or any part thereof to be used or occupied, for any hazardous, unlawful, or illegal business, use or purpose, nor in any manner as to constitute a nuisance of any kind, nor in any manner inconsistent with or in violation of this Lease or any other present or future legal requirement. 7.3 Operating Standards. The Tenant shall operate the Premises in accordance with this Lease. Failure to operate in accordance with this Lease may result in termination of this Lease in accordance with the default provisions of this Lease. 8. SUBLETTING AND ASSIGNMENT Tenant shall not cause, or permit, by operation of law or otherwise, any assignment, encumbrance or transfer of this Lease or any estate or interest therein without the prior written consent of the Landlord, which shall be at the complete discretion of Landlord. Tenant shall not sublet the Premises or any part thereof without the prior written consent of the Landlord. An assignment or subletting shall not relieve Tenant of any of its obligations or liabilities for the term of this Lease, both Tenant and any subsequent assignees and sublessees will be deemed to be bound hereunder. The Landlord's consent to any such assignment, transfer or subletting shall not constitute consent to any further assignment or subletting. 9. PROTECTION AND MAINTENANCE Tenant at no expense to the Landlord, shall at all times protect, preserve, maintain, and repair the Premises, in good order and condition, and exercise due diligence in protecting the Premises against damage or destruction by fire and other causes, subject to the applicable provisions of this Lease. The Tenant shall promptly make all necessary repairs, interior and exterior, ordinary as well as extraordinary foreseen as well as unforeseen. All repairs, alterations, replacements or additions to the Premises and its improvements shall be at least equal to the original work in class and quality of materials and workmanship. When used in this paragraph, the term "repairs" shall include replacements or renews when necessary. 10. INDEMNITY 10.1 Tenant Indemnification. Tenant shall indemnify and hold harmless the Landlord and the Landlord's employees and agents from and against any and all claims arising from Tenant's use of the' Premises, or from the conduct of Tenant's business or fi'om any activity, work or things done, permitted or suffered by Tenant's in or about the Premises and shall further indemnify and hold harmless the Landlord and the Landlord's employees and agents from and against any.and all claims arising from any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease, arising from any negligent or wrongful act of omission of Tenant, or Tenant's agents, contractors, employees, or invitees, and from and against all cost, attorney fees, expenses .and liabilities incurred in the defense of any Such claim or any action or proceedings brought thereon. 10.2 The Landlord's Indemnification. The Landlord shall indemnify and hold harmless Tenant, and Tenant's employees and agents from and against any and all claims arising from the Landlord's use of the Property, or from the conduct of the Landlord's business or from any activity, work or things done, permitted or suffered by the Landlord in or about the Property and shall further indemnify and hold harmless Tenant and Tenant's employees and agents from and against any and all claims arising from any negligent or wrongful act or omission of the Landlord, or the Landlord's agents, contractors, employees, guests or invitees, and from and against all costs, attorney fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon. 11. INS~CE 11.1 Without limiting Tenant's indemnification of City, Tenant shall provide and maintain at its own expense during the term of this lease the following policies of insurance covering its operations hereunder. Such insurance shall be provided by insurer(s) licensed to do business in, and in good standing in, the State of California, with a Best's Key Rating of at least A VII and satisfactory to City's Risk Manager and the City Attorney. Evidence of such policies satisfactory to Landlord shall specifically identify this Lease and shall contain express conditions that Landlord is to be given written notice at least thirty (30) days in advance of any modification or termination of any program of insurance. Such policies of insurance, with the exception of Worker's Compensation insurance, shall be primary to and not contributing with any other insurance maintained by Landlord, and shall name the Landlord and its officers and employees as additional insureds, The City of Tustin Insurance Endorsement Form, a copy of which is attached as Exhibit D hereto and incorporated herein by reference, must be executed by the applicable insurance underwriters and delivered to the Landlord. A. During the term of this Lease, following completion of construction of tenant improvements, Lessee shall provide and maintain the following forms and amounts of insurance. 1. Liabili_ty: Comprehensive General Liability insurance written on an occurrence basis endorsed for Independent 'Contractor, Premises-Operations, Products/Completed Operations, Contractual Broad Form Property Damage, and Personal Injury with a combined single limit of not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence. 2. Workers Compensation: A policy of Workers Compensation insurance in an amount and form to meet all applicable .requirements of the Labor Code of the State of California, including Employers' Liability covering all persons providing services by or on behalf of Tenant and all risks to such persons under this lease. 3. Property_ Coverage: (1) Real property- All Risk insurance, including flood, for the full insurable replacement value with a deductible no greater that five percent (5%) of the insurance limit for all risk related coverage's, and (2) Personal Property Insurance for the actual cash value against the hazards of fire, theft, burglary, vandalism and malicious mischief. 11.2 Failure on the part of Tenant to procure or maintain required insurance shall constitute a material breach of contract upon which Landlord may immediately terminate this Lease. 11.3' Conduct of Lessee's operations shall not commence until Lessee has complied with the aforementioned insurance requirements. Further, said operations whether in whole or in part, shall be subject to suspension by Landlord during any period that Tenant fails to maintain said policies in full force and effect. 11.4 The specified amount of liability insurance required herein may be subject to renegotiation on an annual basis. Should either party request renegotiation with respect to the amount of liability insurance to be provided, the determination thereof shall be established through mutual negotiations between the parties. Tenant shall continue to provide insurance in the manner heretofore provided, pending final renegotiation thereof. 11.5 No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of Tenant to furnish insurance during the term of this Lease. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certificate of insurance with all endorsements required by this section, showing that such insurance coverage has been renewed or extended shall be filed with the Landlord. 12. BONDS 12.1 During any period of construction of the tenant improvements herein reqUired or otherwise authorized, Tenant shall provide a performance bond in an amount of not less than one hundred percent (100%) of the cost for the construction to be performed payable to the Landlord and executed by a corporate surety licensed to do business in, and in good standing in, the State of California and acceptable to the Landlord's Risk Manager and City Attorney. The condition of the bond shall be such that if Tenant shall complete the required construction specified herein in accordance with approved plans and specifications for the tenant improvements and receive a certificate of occupancy for the building, then surety shall no longer be bound thereon. Said bond shall be maintained in full force and effect by Tenant until said tenant improvements have been accepted by the Landlord. 12.2 During any period of construction of the tenant improvements, Tenant shall provide a payment bond in an amount of not less that one hundred percent (100%) of the costs for the construction to be performed as evidenced by contracts for all required tenant improvements, payable to the City of Tustin, in conformance with Section 3085 of the California Civil Code, and executed by a corporate surety licensed to do business in, and in good standing in the State of California and acceptable to the Risk Manager and City Attorney. 12.3 The City Attorney may accept in lieu of the bonds heretofore described, the performance and payment bonds of corporations duly authorized to issue surety bonds by the State, naming as principal a licensed contractor employed by Tenant to construct works of improvement on the demised premises provided each bond otherwise conforms to the requirements set forth in 12.1 and 12.2 and names Landlord as an additional obligee. 12.4 Lessee shall have the option to deposit with the Landlord cash or United States Government securities in all respect satisfactory to the City Attorney in lieu of the surety obligations herein required. Said cash or securities shall be deemed deposited with Landlord to secure full and satisfactory performance of the principal obligations heretofore described for which surety is required, and shall be released upon satisfactory performance thereof, as evidenced by certification of completion by the City Manager and unconditional release of mechanic's liens by all claimants. In lieu thereof, Tenant may deposit the required amount in a bank or other financial institution whose deposits are federally insured, provided the account is made payable to Landlord on demand and the certificates of deposit are delivered to the Landlord. 13. QUIET ENJOYMENT The Landlord covenants and agrees that Tenant, upon paying the rent and all other charges hereunder provided for and observing and' keeping all covenants, agreements, and conditions of this Lease on its part to be observed and kept, shall quietly have and enjoy the Property during the term of this Lease without hindrance or molestation by anyone claiming by or through Landlord, subject, however, to the exceptions, reservations and conditions of this Lease. 14. DEFAULT, CERTAIN REMEDIES, TERMINATION 14.1 Default Notices. If the Tenant fails to observe or perform any term, covenant or condition of this Lease at any time during the term of this Lease and the Landlord concludes that the Tenant has not complied in good faith with the provisions of this Lease, Landlord may issue a written "Notice of Default" by certified mail, return receipt requested, specifying the grounds thereof and all facts demonstrating such non-compliance. Tenant shall have thirty (30) days after receipt by Tenant of such notice to respond in writing to said notice by either specifying how its non-compliance has been cured or the grounds upon which it believes that it is complying with this Lease. The time to respond to the Notice of Default may be extended by mutual agreement of the Parties. If the response to the Notice of Default has not been received by the Landlord within the prescribed thirty (30) days, or within such other period of time as mutually agreed, the Notice of Default shall be conclusively presumed to be valid and the Landlord may commence proceedings on the termination of the Lease pursuant to Section 14.2 herein. 14.2 Termination by Landlord 14.2.1 NotWithstanding any other provisions of this Lease, the Landlord shall have the right to terminate this Lease upon sixty (60) days written notice by certified mail, returned receipt requested by Landlord to Tenant in the event that the premises are needed to accommodate City construction in the Myford Road right-of-way. 14.2.2 NotWithstanding any other provision of this Lease, the Landlord, upon the occurrence of an Event of Default, then in addition to any other remedies available to Landlord at law or in equity, shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice by'certified mail, return receipt, of such intention to terminate in manner specified in Section 23. Such written notice of termination shall be effective as of the date specified therein which shall be at least thirty (30) days after receipt of such notice by Tenant. 10 14.2.3 Tenant hereby releases any and all claims it might have under the U.S. and State Constitutions or State law for goodwill, the value of improvement and relocation assistance in the event of termination by Landlord. 14.3 Termination by Tenant. The Tenant shall have the right to terminate this Lease upon sixty (60) days written notice by certified mail, return receipt request by Tenant to the Landlord for any reason including, but not limited to the event of damage or destruction of all of the improvements (including loss of utilities for any reason) on the Premises or such a substantial portion thereof so as to render the Premises incapable of use for the purposes for which it is leased hereunder. 14.4 Damage or Destruction of Premises. If, during the term of this Lease, the Property shall be damaged by fire or other cause, so as to render the Property untenantable, the Landlord shall elect whether to repair the Premises or to cancel this Lease. It shall notify Tenant in writing of its election within seven (7) days after such damage. In the event the Landlord elects to repair the Premises, the work or repair shall begin promptly ~md shall be carded on without unnecessary delay. In the event the Landlord elects not to repair the Premises, the Lease shall be deemed canceled as of the date of damage. Such damage shall not extend the lease term. In the event that insurance proceeds are received by_Tenant under the property casualty policy required to be carried by Tenant, and the Lease is terminated under this Section 14.4, the.Landlord shall be entitled to the portion of such proceeds attributable to the fixtures, improvements,-and other property which would remain with the Premises, and Tenant shall be entitled to the portion of such proceeds attributed to the fixtures and property on the Property which would be removed by the Tenant. 15. SURRENDER OF LAND 15.1 Ownership of Improvements. During the term of the Lease, the Improvements constructed upon the Premises as herein described shall be and remain the property of the Tenant. Upon the expiration or earlier termination of this Lease, the Improvements shall become the property of Landlord without any right compensation to and without any further act required of either Landlord or Tenant subject to Section 15 of this Lease. 15.2 Surrender. On the last day of the Term, or upon any earlier termination of this Lease pursuant to the terms hereof, or upon any reentry by Landlord upon the Premises pursuant to Section 14 hereof, Tenant shall surrender to Landlord the Premises in good order, condition and repair (except for reasonable wear and tear, and takings by eminent domain) and free-and clear of all liens and encumbrances (other than (a) those, if any, permitted hereby or otherwise created or consented to by Landlord, and (b) any Leasehold Mortgage) and if requested to do so, shall execute, acknowledge and deliver to Landlord such instruments of further assurance as in the opinion of Landlord are necessary or desirable to confirm or perfect Landlord's right, title and interest in and to the Premises; provided, however, that Tenant shall have no right to surrender the Premises (except a surrender upon the expiration of the Term or upon termination by Landlord pursuant to and subject to the provisions of this Lease) and Landlord will not accept any attempted surrender unless the prior written consent of any Leasehold Mortgagee shall have been obtained. 11 16. RESTORATION Before the expiration or prior to termination of this Lease, Tenant shall restore the Premises together with related personal property, and each item thereof, to the condition in which it was first received and used by the Tenant, or to such improved condition as may have resulted from any Improvement made therein by the Tenant, subject however to ordinary wear and tear and loss or damage for which the Tenant is not liable hereunder. 17. ALTERATIONS (a) After the Improvements have been constructed and completed in accordance with the provisions of Section 6 herein, Tenant may, at Tenant's sole expense, make alterations, additions and improvements ("Alterations," provided that such Alterations are made in compliance with (i) all applicable Legal Requirements and, (ii) except with respect to Minor Alterations (as hereinat~er defined). -In applying the provisions of Section 6 pursuant to this Section 17, references to the "Improvements" shall be deemed to be references to "Alterations." All Alterations (including, without limitation, all Minor Alterations) shall be done promptly and in a good and workmanlike manner and shall be in quality and class at least.equal to that of the remainder of the Premises. (b) Tenant may from time to time after completion of construction of the Improvements as provided in Section 6 of this Lease, without Landlord's prior approval, perform Alterations to the Improvements that are nonstmctural alterations, additions or improvements ("Minor Alterations") so long as .the Minor Alterations, both alone and together with related Improvements constructed within the two (2) year period immediately preceding the performance of such Alteration: (i) are performed in compliance with all of the provisions of Section 6 of this Lease (to the extent any of the same applicable), and would not result in any violation of any provision of this Lease; (ii) would not cost in excess of.twenty-five thousand dollars ($25,000) as increased (but not decreased) by the percentage increase, if any, in the CPI from the calendar month in which the CPI Base Date occurs to the calendar month in which the performance of the Alteration would commence (to be estimated, if necessary, based on the average monthly increase in the CPI during the twelve (12) month period preceding the date on which the CPI increase is determined); (iii) would not result in a substantial change in the character of the Improvements or the use for which they were intended or in a substantial change in access or major entries to, or public areas at ground level of, the Premises; (iv) would not involve or result in any change in the exterior of the Improvements which materially changes the design of the Improvements based on the original approved Plans for the Improvements; 12 (v) would not involve or result in any material change in any approved Plans; Premises; (vi) would not be of lesser quality or result in the diminution of the value of the (vii) would not require unusual expense to readapt the Premises to marketable use upon the termination of this Lease; and (viii) would not weaken the structural integrity of the Improvements or any portion thereof. (c) Tenant will not, without the prior written consent of Landlord, demolish or remove · all or any structural part of any Improvement located upon the Premises, except any Existing Improvements which are demolished or removed by Tenant in compliance with the provisions of this Lease. (d) In the event that the proposed Alteration to the Improvements represents a fundamental change (i.e. changes in the location, design, size, elevation, massing, footprint, character or appearance of the Improvements) from the Approved Construction Plans, such change shall be submitted to Landlord for the approval to the same manner as provided for the approval of the Plans in Section 6 above. (e) Notwithstanding anything to the contrary contained herein, Tenant shall have the same rights to make any Alteration required to be made pursuant to any statutory requirements or court order as Tenant's rights to construct the New Improvements, subject to Tenant's compliance with the requirements of Sections 6 and 7 and the other provisions of this Lease; provided, however, that if Landlord has an approval right hereunder with respect to such Alteration, Landlord shall not withhold such approval if the Alteration is being made in strict compliance with the applicable statutory requirement or court order and no alternative means of compliance therewith is available. 18. LIENS The Tenant shall promptly discharge or cause to be discharged any valid lien, fight in rem, claim or demand of any kind, except one in favor of the United 'States, which at any time may arise or exist with respect to the Premises or the Tenant's improvements or materials or equipment furnished, or any part thereof, which arises as a result of activities under this Lease, and if the same shall not be promptly discharged by the Tenant, the Landlord may discharge, or cause to be discharged, the same at the expense of the Tenant. 19. TAXES The Tenant shall pay all applicable real property taxes, and/or all possessory interest taxes applicable to the Premises prior to the delinquency date thereof. Tenant shall also pay and discharge punctually, as and when due, any and all taxes upon its personal property, equipment and trade fixtures installed in or about the Property. 13 20. UTILITIES, PUBLIC IMPROVEMENTS AND SERVICES · 20.1 Landlord shall have no responsibility pursuant to this Lease for utility lines, whether located on or off the Premises, serving the Premises or other public improvements serving the Premises. Tenant shall pay promptly all assessments, deposits, rents, costs, connection and tap-in fees and other charges for the connection of utilities or installation of public improvements (where required), including any fees or charges imposed by any utility company or governmental entity or agency for making such connections. Tenant agrees to pay or cause to be paid all charges for gas, water, sewer, electricity, light, heat, power, telephone or other communications services or cable television and all other utility or service of every nature and kind used, rendered or supplied to, upon or in connection with the Premises throughout the Term and shall indemnify Landlord from and defend and hold Landlord harmless against any claim, liability, damage, loss, costs or expense in connection with such charges. Landlord may, after giving Tenant at least ten (10) days' notice of its intention to do so, pay any item or items of such charges which are delinquent or past due, unless Tenant is in good faith contesting the same with diligence and continuity. If Landlord makes any such payment, Tenant shall on demand pay and reimburse Landlord therefor, with interest at the Default Rate from the date of payment by Landlord until Landlord is repaid in full by Tenant. (a) Tenant expressly agrees that Landlord is not, nor shall it be, required to furnish to Tenant or any other occupant of the Premises during the Term any public improvements, gas, water, sewer, electricity, light, heat, power, telephone or other communications service, or other facilities, equipment, labor, materials, utilities or any services of any kind whatsoever, whether similar or dissimilar; provided, however, the foregoing shall not limit any obligation of Landlord in its governmental capacity or under this Lease. 20.2 Easements. Landlord and Tenant each agree, at the request of the other party, to join in the grant or relocation of any easements or entry pehnits over the Premises that are necessary to obtain any utility service, to the extent the same does not interfere with Tenant's development, operation and maintenance of the Premises consistent with the Approved Plans, and subject to such reasonable terms and conditions as the non-requesting party may impose. 21. RIGHT OF ENTRY 21.1 Should Landlord determine Tenant to be deficient in its performance of its obligations under this Lease, in addition to all other available remedies, landlord may, but shall not be obligated to enter upon Premises and correct Tenant's deficiencies using Landlord's forces, equipment and materials suitable for such purposes, or by employing and independent contractor. Landlord's cost so incurred, including direct and indirect overhead costs as determined by Landlord, shall be reimbursed to Landlord by Tenant and/or its sureties within thirty (30) days of demand thereof. 21.2 Any officers and/or authorized employees of Landlord may enter upon the Premises at any and all reasonable times for the purpose of determining whether or not Tenant is in compliance with the terms and conditions of this Lease, or for any other purpose incidental to the rights of landlord within the Premises. 14 21.3 Entry by the officers, employees, agents or independent contractors of Landlord upon the Premises for the purpose described in this paragraph 21 shall be without prejudice to the exercise of any other rights provided herein or by law to remedy a breach of this Lease. 22. NON-DISCRIMINATION AND CIVIL RIGHTS COMPLIANCE 22.1 Tenant hereby certifies and agrees that, in all matters affecting this Lease, it will comply with all applicable federal and state laws and.regulations prohibiting discrimination. 22.2 Tenant certifies and agrees that all persons employed thereby, are and shall be treated equally without regard to or because of race, creed, color, national origin, political affiliation, marital status, sex, age or handicap and in compliance with all federal and state laws prohibiting discrimination in employment, including but not limited to, the Federal Civil Rights Act of 1964; the Unmh Civil Rights Act; and Cmwhght Act; the State Fair Employment Practices Act and Americans with Disabilities Act. 22.3 Tenant certifies and agrees that subcontractors, bidders and vendors thereof are and shall be selected without regard to or because of race, creed, color, national origin, political affiliation, marital status, sex, age, or handicap. 22.4 All employment records shall be open for inspection and reinspeciton at any reasonable time during the term of this lease for the purpose of verifying the practice of non- discrimination by lessee in the areas heretofore described. 22.5 If Landlord finds that any of the above provisions have been violated, the same shall constitute a material breach of contract upon which Landlord may determine to cancel. terminate, or suspend this Lease. While Landlord reserves the right to determine independently that the non-discrimination provisions of this Lease have been violated, in addition, a determination by the California Fair Employment and Housing Department or the Federal Equal Employment Opportunity Commission that Tenant has violated State or Federal non- discrimination laws or regulations shall constitute a finding by Landlord that Tenant has violated the non-discrimination provisions of this Lease. 22.6 Tenant shall include the non-discrimination and compliance provisions in all subcontracts to perform work under this Lease. 23. NOTICES Any notice required to be given under the terms of this lease or any law applicable thereto must be either personally delivered or placed in a sealed envelope, postage prepaid, addressed to the person on whom it is to be served and deposited in the United States mail. · All written notices pursuant to this Lease shall be addressed as set forth below or as either party may hereafter designate by written notice and shall be personally delivered or sent through the United State mail. 15 Landlord ("Ci _ty of Tustin") William Huston, City Manager City of Tustin 300 Centennial Way Tustin, CA 92680 and Christine Shingleton, Assistant City Manager City of Tustin 300 Centennial Way Tustin, CA 92680 Copy to: Lois Jeffrey, City Attorney Rourke, Woodruff & Spradlin 701 S. Parker Street, Ste. 7000 Orange, CA 92668 Tenant ("Tustin Auto Center Merchant Association"_) Mr. Reed Chesworth c/o Tustin Auto Center Merchant Association 23 Auto Center Drive Tustin, CA 92782 and 24. WAIVER OF TRIAL BY JURY · It is mutually agreed by and between Landlord and Tenant that the respective parties hereto shall and they hereby do waive trial by jury in any action, proceedings or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this lease, the relationship of Landlord and Tenant, Tenant's use or occupancy of the Premises and any emergency statutory or any other statutory remedy. 16 25. ESTOPPEL CERTIFICATES Tenant shall, upon demand from the Landlord, execute and deliver to the'Landlord, an estoppel certificate in such form and content as requested by the Landlord, attesting to the compliance to date of the Landlord with the terms and conditions of this Lease and such other matters as requested by the Landlord concerning the tenancy of Tenant. In the event Tenant asserts any default by the Landlord which would prevent Tenant from attesting to such a certificate, Tenant shall set forth such alleged default or defaults upon the certificates in detail or attest to the fact that those listed defaults are the only defaults by the Landlord hereunder. 26. MISCELLANEOUS PROVISIONS 26.1 Rules of Construction. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "should" and "may" are permissive. 26.2 Entire A~eement, Waivers and Amendments. This Lease constitutes the entire understanding and agreement of the' Parties with respect to the matters set forth in this Lease. This Lease supersedes all negotiation or previous agreements between the Parties respecting this Lease. All waivers or modifications of the provisions of this Lease must be in writing and signed by the appropriate authorities of the Tenant and the Landlord. 26.3 Incorporation of Recitals. The Recitals set forth in this Lease are part of this Lease. 26.4 Captions. The captions of this Lease are for convenience and reference only and shall not define, explain, modify, construe, limit, amplify or aid in the interpretation, construction or meaning of any of the provisions of this Lease. 26.5 Consent. Where the consent or approval of a party is required or necessary under this Lease, the consent or approval shall not be unreasonably withheld. 26.6 Covenant of Cooperation. The Parties shall cooperate with, deal with each other in good faith, and assist each other in the performance of the provisions of this Lease. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Lease, the Parties hereby agree to cooperate in defending said action, to the extent authorized by law. 26.7 Force Majeure. If either party shall be delayed or prevented from the performance of any act required by this Lease by reason of acts of God, strikes, lockouts, labor troubles, inability to procure materials, restrictive governmental laws or regulations or other cause, without fault and beyond the reasonable control of the party obligated (financial inability excepted), performance of such act shall be excused for the period of the delay; and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay; provided, however, nothing in this Section 26.7 shall excuse Tenant from the prompt payment of any Rent or other charge required of Tenant except as may be expressly provided elsewhere in this Lease. 17 26.8 No Joint Venture. The parties intend by this Lease to establish the relationship of Landlord and Tenant' only, and do not intend to create a partnership, joint venture, joint enterprise or any business relationship other than that of Landlord and Tenant. 26.9 No Waiver. The failure of Landlord to seek redress for violation of, or to insist upon the strict performance of, any covenant or condition of this Lease shall not be deemed a waiver by Landlord of its rights to such redress for a prior, concurrent or subsequent violation of the same or any other covenant or condition of this Lease. The receipt by Landlord of any Rent or other charge required of Tenant with knowledge of any preceding breach by Tenant of any covenant, term or condition of this Lease (other than the failure of Tenant to pay the particular Rent so accepted) shall not be deemed to have been waived by Landlord. 26.10 Binding Effect. Subject to the provisions hereof, this Lease shall be binding upon and shall inure to the benefit of the parties hereto and their respective legal representatives, successors and permitted assigns, and wherever a reference in this Lease is made to either of the parties hereto such reference shall be deemed to include, wherever applicable, also a reference to the legal representatives, successors and permitted assigns of such party, as if in every case so expressed. 26.11 Attorneys' Fees. Should either party hereto institute any action or proceeding in court to enforce any provision hereof or for damages by reason of an alleged breach of any provision of this Lease, the prevailing party shall be entitled to receive from the losing party such amount as the court may adjudge to be reasonable attorneys' fees for the services rendered to the prevailing party in such action or proceeding. .. 26.12 Invalidi _ty of Particular Provisions. If any term or provision of this Lease or the application thereof to any person or circumstance shall, to any extent, 'be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. 27. ATTACHMENTS 'This Lease includes the following, which are attached hereto and made a part hereof: Exhibit "A" - Description of the Premises Exhibit "B" - Scope of Development Exhibit "C" - Schedule of Performance Exhibit "D" - Insurance Form 29. CONCLUSION IN WITNESS WHEREOF, the Landlord has by action of the City of Tustin City Council authorized this lease to be executed for and on behalf of the City of Tustin by the City Manager or Assistant City Manager, and Tenant has caused the same to be executed by its duly authorized officer on the date first above written. 18 Dated: "Tustin" CITY OF TUSTIN William A. Huston, City Manager Attest: Christine A. Shingleton, Assistant City Manager PAMELA STOKER City Clerk Approved as to Form: LOIS E. JEFFREY City Attomey Date: "TENANT" By: Tustin Auto Center Merchant Association Name By: Tustin Auto Center Merchant Association RDAhKim\Ground lease final.doc. 19 Exhibit A Description of the Premises 20 LEGAL DESCRIPTION MYFORD ROAD LEASE AREA PARCEL DESCRIPTION THOSE PORTIONS OF PARCEL 1 AND PARCEL 3 AS DESCRIBED IN A DEED TO THE CITY OF TUSTIN, RECORDED SEPTEMBER 16, 1988, AS INSTRUMENT NO. 88-468937 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. BEGINNING AT A POINT ON THE WEST LINE OF SAID PARCEL 1, SAID POINT ALSO BEING THE NORTHEASTERLY CORNER OF SAID PARCEL 3, SAID POINT BEING ON A CURVE CONCAVE EASTERLY HAVING A tLiDIUS OF 1840.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 72°38'56'' WEST; THENCE DEPARTING FROM SAID WEST LINE OF PARCEL 1 AND ALONG THE WESTERLY LINE OF SAiD PARCEL 3 THE FOLLOWING 6 COURSES: SOUTH 27°13'12'' WEST A DISTANCE OF 53.90 FEET; THENCE SOUTH 18°40'01'' WEST A DISTANCE OF 122.76 FEET; THENCE SOUTH 15°32'56'' WEST A DISTANCE OF 66.27 FEET; THENCE SOUTH. 11°36'39" WEST A DISTANCE OF 55.82 FEET; THENCE SOUTH 11°32'56'' WEST A DISTANCE OF 55.8© FEET TO A POINT ON THE EASTERLY LINE OF THE EL MODENA-IRVINE CHANNEL, 114.00 FEET WIDE AS DESCRIBED IN DEED TO THE COUNTY OF ORANGE, COUNTY FLOOD CONTROL DISTRICT RECORDED JUNE 6, 1987 AS INSTRD!VIENT NO. 87-383183 OF OFFICIAL RECORD OF SAID COUNTY; THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID EL MODENA- IRVINE CHANNEL SOUTH 00°05'17'' WEST A DISTANCE OF 201.84 FEET TO THE BEGINNING OF A CURVE, CONCAVE WESTERLY HAVING A RADIUS OF. 1007.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 295.43 FEET'THROUGH A CENTRAL ANGLE OF 16°48'34'', TO THE BEGINNING OF A NON-TANGENT LINE, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 73°06'09'' EAST; THENCE SOUTH 72°01'17'' EAST A DISTANCE OF 60.53 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY HAVING A RADIUS OF 1832.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS '~ NORTH 72°28'22'' WEST; .. THENCE NORTH 06 ~3" EAST A DISTANCE OF 12~.44 FEET TO THE BEGINNING OF A CURVE, CONCAVE EASTERLY HAVING A RADIUS 1768.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 83o56'17,, WEST; THENCE NORTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 50.04 FEET THROUGH A CENTRAL ANGLE OF 01°37'18,,; THENCE NORTH 84°15'23'' WEST A DIsTANcE OF 32.02 FEET TO THE CENTER LINE OF SAID PARCEL 1, SAID POINT BEING THE BEGINNING OF A CURVE, CONCAVE EASTERLY I-LiVING A RADIUS 1800.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE' AN ARC DISTANCE OF 748.42 FEET THROUGH A CENTRAL ANGLE OF 23°49'22,,; THENCE NORTH 58°21'28'' WEST A DISTANCE OF 11.98 FEET; THENCE NORTH 31°38'32'' EAST A DISTANCE OF 18:00 FEET; THENCE SOUTH 55°20'54'' EAST A DISTANCE OF 6.00 FEET; THENCE NORTH 29°31"13'' EAST A DISTANCE OF 88.03 FEET; THENCE NORTH 49°23'55'' WEST A DISTANCE OF 28.12 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 1, SAID POINT ALSO THE BEGINNING OF A CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 1840.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 55°05'46'' WEST. ' THENCE SOUTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 563.69 FEET THROUGH A CENTRAL ANGLE 17°33'10'' TO THE POINT OF BEGINNING. CONTAINS. 1.89.____Q0 ACRES. MORE PARTICULARLy SHOWN ON EXHIBIT B, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. DEREK 3. MCGREGOR L.S, # 6496 EXPI2:LES 6/30/03 ,J-N 99-742-6-6 8/'11/00 First American Title Insurance Companjr THIS MAP IS FOR INFORMATION ONLY AND IS NOT A PART OF THIS TITLE EVIDENCE SEE SHEET P.O.~. NORTHERLY OF PARCEL 5 $ 72 '58 '56 "£ [CURVE I RADIUS I LENGTH I TANOENT I c2 I 7 8.00' 2 .02' ~ UNE DIREC 770N DISTANCE L2 N55 ~1 '25'~/ 11.98' L~. 49~5'$5"W 28.12' t 7 N84 '15'25"W J2. 02' L8 N72'O1'17'W 60.5-'J"'-~ L g S27.13'12"W 5,~. 90' L 11 NO6'O3'35"E 129. '~ ~7------ NAD AREA = 1.890 ACRES EASTERLY LINE OF EL MODENA -IRVfNE FLOOD CONTROL CHANNEl.. l?6Z, ~. 00"~ SCALE. IN ~T linch--80 ff.. DMe Engineering Civil · Surveying · Pl~nnlng Il{ Technology Drim, e, Suite 100 Irm'ine, Cl 92818 (~) ?:-mm ~ (~{) MYFORD ROAD LEASE AREA PARCEL CITY OF TUSTIN · . , SHEET 1 OF 4 SHEET DATE: 8-09-00 JN 74-2-6-6 EASTERLY LINE OF EL MODENA -IRVINE FLOOD CONTROl_ CHANNEL ~. 00"~ ~ 75 Z 00' A = 16'48'54' R = 1007.00' T = 148.79' L = 295. 45' N ?,.T'O6 'O g 'W RAO '~ N 72'2 8'22 "W RAD SC, ALEIN ~ linch=80 ~. Engineering Civil · Surveying · Pl~uiug 18 Technology Drive, Suite 100 (~) ?,~-~ nZ (~) NO'rE: ~;EE ~-IEET I FOR LINE AND CURVE DATA. NOTE: SEE :~t-IEET 1 FOR AREA DATA. IviYFORD ROAD LEASE AREA PARCEL CITY OF TUSTIN SHE.El 2 OF 4. SHEET DATE: 8-09-00 JN 742-6-6 - , ,,,,, WESTERLY LINE OF PARCEL P.O.B. NORTHERLY OF PARCEL N72'58'56"W RAD SCALE IN ~ linch=80 ft. 5EE SHEET I DMc Engineering Civil · Surveying · Pl~uuiug 18 Technoloo' I)r/ve, Suite 100 I.,-rlne, C,&. 92.~18 (949) 753-~393 F~",[' (94.9) 753-932~ I NOTE: SEE SPIEET 1 FOR LINE AND CURVE DATA. NOTE: SEE ..~I-IEET 1 FOR AREA DATA. MYFORD ROAD LEASE AREA PARCEL CITY OF TUSTIN I II I I SHEET OF 4. SHEET DATE: 8-09-00 JN 742-6-6 ,'x WESTERLY LiNE ~ OF PARCEL SCALE IN FEET linch=80 ft. SEE SHiET3 D~fe gngineering Civil · Surveying · pl~n'niu~ 18 T~olo~ ~, S~ 1~ ~e, C~ (~) ~UU-{~ ~= (~) ~-~ NOTE: SEE SHEET I FOR LINE AND CURVE DATA. NOTE: SEE SHEET I FOR AREA DATA. MAYFORD ROAD LEASE AREA PARCEL CITY OF TUST1N SHEET 4. OF 4 SHEET DATE: 8-08-00 JN 742-6-6 . . N OR TH£RL ¥ OF PARCEL 5 ,,. C2 1768.00' LENCTHI TANGENT 50. 04' 25. 02' . UNE DIRECTION D/STANCE _ L2 N58~1 '28'W 11.98' _ L6. 49~3'55'W 28.12' L7 NS#'l S'23"W 32.02' - L8 N72'O1'I T"W 60.5,3' L9 I 'S27'13'12"W 5J. 90' L 11 NOS'OJ'JJ"E 129. 44' $?£'~8'56"E RAD AREA = 1.890 ACRES EASTERLY LINE OF EL MODENA -IRV[NE FLOOD CONTROL CHANNEL SEE SHEET j ~ O0 SCALE IN ~T linch=80 ~. D~e Engineering Civil · Survef. ng· Pl~nlng 18 Tectmolo/y Drive, Su/te Iz'rine, CA 9'2818 MYFORD ROAD LEASE AREA PARCEL CITY OF TUSTIN · . . SHEET 1 OF 4. SHEET DATE: 8-09-00 JN 74.2-6-6 EASTERLY LINE OF EL t~tODENA -IRVlNE FLOOD CONTROL CHANNEL Z 00"~ z ?~ Z oo' 16'48'54' tOOZ 00' 148.7.9' 295. 45' 'N75'06 '09"tv RAD N 72 '2 8 '2 2 " Iv RAD SOAI.~ IN ~ linch:80 fi. D~e Engineering Civil · Surveying · Pla-~ing 1§ Technology Ilt'i~e, S~l. tm 100 Ir~Me, ~ 92~18 (~,~) ?Sa-~.' )'iX (~) NOTE: SEE 5'HEET I FOR LINE AND CURVE DATA, NOTE: SEE SHEET I FOR AREA DATA. ~YFORD ROAD LEASE AREA PARCEL CITY OF TUSTIN SH~T 2 OF 4 SHEET DATE: 8-09-00 JN 74.2-6-6 - . WESTERLY LINE OF PARCEL 1=.06. NORTHERLY OF PARCEL N72'JS'56"W RAD 5EE~HEET I D]Y[¢ gngineering Ci~l · SurveyLug ' 18 Technolo~" Drive, 8ui~ Ir,ri=e, C.k 92818 SCALE IN ~ linch=80 ft. NOTE.: ~ .SH-~"T 1 FOR LINE AND CURVE DATA. NOTE: SEE SH~:'FT I ~ AREA DATA. MYFORD ROAD LEASE AREA PARCEL CiTY OF TUSTIN ~ET 3 OF 4 SHEET I]A'IT..:' 8-09-00 JN 742-6-6 /° / / !/ WESTERLY UNE OF PARCEL SCALE IN FEET linch=80 ~. NOTE: SEE SHEET I FOR LINE AND CURVE DATA. NOTE: SEE SHEET 1 FOR ARF. A DATA. MAYFORD ROAD LEASE AREA PARCEL CITY OF TUSTIN SHEET 4. OF 4. SHEET DALE: 8-08-00 JN 742-6-6 Exhibit B Scope of Development 21 EXHIBIT B Scope of Development I. General Description The premises are delineated in Exhibit A. II. Improvements A. Definition of Improvements The Tenant shall construct or cause to be constructed on the Premises all of Improvement set forth in the Scope of Development as approved by the Planning Commission and/or City Council, as applicable. Improvements shall generally consist of the following: o . Improvement of the Premises with a temporary auto storage facility for up to 314 vehicles pursuant to City of Tustin approvals through the Planning Commission and/or Tustin City Council, as applicable. Compliance with 'all "Conditions of Approval" stipulated by an applicable government agency having jurisdiction, including but not limited to, the Planning Commission and/or Tustin City Council. 3. Compliance with all provisions of the Lease. B. Schedule of Performance The Tenant shall commence and complete all improvements by the respective times established therefore in the Schedule of Performance (Exhibit C). II. Development Standards Improvements are intended to accommodate overflow storage of vehicles from the auto dealers in the Tustin Auto Center. The proposed project is a temporary facility and will involve paving, security fencing and lighting installation. There would be 149 parking stalls within the site. With tandem parking, these stalls could hold up to 314 vehicles (see Exhibit B, Attachment 1, Site Plan). An enclosure is proposed to secure the facility on all sides. In addition, each parking stall would be enclosed by security fencing and a gate in front. The entrance security gate is Exhibit B Scope of Development Page 2 IV. proposed at the existing terminus of Myford Road that would secure vehicles beyond this point. A mm around space for emergency vehicles would be provided by a 40 foot by 25 foot space at 150 feet from the proposed location of the security gate. Since the driveway gate would be visible from E1 Camino Real, it will require installation of a decorative wrought iron gate. Storm runoff from the proposed temporary automobile storage area shall be directed to existing public catch basins and/or to a system of proposed catch basin(s) and underground storm drain pipes tributary to the E1 Modena-Irvine Channel. All improvements shall conform to all applicable federal, state and county codes and regulations, Tustin City Codes and conditions of City resolutions. The Tenant acknowledges the responsibility to obtain any approvals required by any governmental agency, utility or other agency, including the City which has jurisdiction over all or any portion of the improvements. All "Conditions of Approval" stipulated by an applicable jurisdiction shall be incorporated into the final design and noted in construction documents by the architects, engineers, and other consultants. The Tenant shall make all necessary applications by Such time(s) as will be consistent with the timely commencement and completion of various portions of the improvements by the respective times established therefore by the Schedule of Performance (Exhibit C). Changes to Final Construction Drawings and Related Documents If the Tenant desires to make any changes to final construction drawings and related documents approved by the Community Development Department, Planning Commission or City Council, the Tenant shall submit the proposed changes to the Community Development Department and City Manager's office for approval. Such changes shall be reviewed in the context of the purpose of the Lease and applicable provisions of the City of Tustin Municipal Code and shall be approved or disapproved by the City. CAS:kdh'da\leases~Exhibit B Scope of Dev.doc I1! i . Exhibit C Schedule of Performance 22 EXHIBIT C Schedule of Performance Action 1.0 Execution of Agreement 1.1 Tenant provides Certificate of Insurance required by Section 11 of Lease 1.2 City executes Lease 2.0 Building/Grading Permits 2.1 2.2 Tenant submits plan check application and plans for construction of Improvements to Community Development Department Tenant submits written estimate of construction value of Improvements to City Manager's office for approval 2.3 Tenant obtains Permits 3.0 Construction of Improvements 3.1 Tenant commences construction 3.2 Tenant completes construction 3.3 Tenant submission of all lien releases for construction of site improvements and Notice of Completion 4.0 Surrender of Land 4.1 Tenant surrender of land Timing Prior to City execution of Lease. Within 5 days following action by the City Council on the Lease. Within 30 calendar days following action by the City Council on the Lease. Within 30 calendar days following action by the City Council on the Lease and prior to issuance of permits. Within 7 working days following approval by the Community Development'Department of Improvement plans and City Manager's office review and approval of a performance bond for construction of Improvements and contractor indemnification required by Section 6.7.2 of the Lease. Within 30 working days following issuance of permits and related approvals by City. Within 90 calendar days following issuance of permits and related approvals by the City. Upon comPletion of site improvements and following required 30 day filing Notice of Completion. On last day of term of Lease or upon earlier termination provisions of Lease. CAS:kdkrda\leaseskExhibit C Schedule of Performance.doc ATTACHMENT C Initial Study/Negative Declaration COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial IYay, Tustin, CA 92780 (7]4) 573-3]oo INITIAL STUDY A. BACKGROUND Project Title: Conditional Use Permit 00-011 Lead Agency: City of TUstin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Minoo Ashabi Phone: (714) 573-3126 Project Location: Portion of vacant land between E1 Camino Real and Santa Ana Freeway (I-5) Project Sponsor's Name and Address: Tustin Auto Center Association Premier Properties 26012 Marguerite Park Way, Suite 323 Mission Viejo, CA 92692 Attn: Reed Chesworth General Plan Designation: PC Commercial/Business Zoning Designation: Planned Community Mixed Use (PCMU) Project Description: Construction of a surface parked auto storage for 314 vehicles Surrounding Uses: North: Planned Community Mixed Use (PCMU) East: Planned Community Mixed Use South: Santa Ana Freeway West: Planned Community Commercial Other public agencies whose approval is required: [--] Orange County Fire Authority ~ City of Irvine [--] Orange County Health Care Agency [~ City of Santa Ana [~] South Coast Air Quality Management [---] Orange County District EMA Other B. ENVIRONMENTAL F~ .)RS POTENTIALLY AFFEC'I The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. [--]Land Use and Planning [--]Population and Housing [--]Geological Problems [--]Water I--lAir Quality ['-]Transportation & Circulation [--]Biological Resources [~]Energy and Mineral Resources [-']Hazards [~loise [--]Public Services [--]Utilities and Service Systems [~Aesthetics ~-]Cultural Resources [--]Recreation [-]Mandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: [-] I find that the proposed project COULD NOT have a Significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there Will not be a significant effect in this case because the.mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. [-] I find that the .proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [--] I find that the proposed project MAY have a significant effect(s) on the environment,, but at least .one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Preparer: Minoo Ashabi Title liZabeth A. Binsack, Community Development Director Associate Planner Date April 28~ 2000 EVALUATION OF ENVIRONMEP IMPACTS I. AESTHETICS- Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a ' Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No bnpact IV. BIOLOGICAL RESOURCES: - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Ihterfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS: - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant hnpact No Impact i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable Upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, Would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? - Potentially Significant Impact ess Than Significant With Mitigation Incorporation Less Thai7 Significant Impact No Impact 0 0 0 0 0 E] · 0 g) Impair implementation of or physically interfere with an adopted emergencY response plan or emergency evacuation plan.9 h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY: - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existine drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runofP. f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? Potentially Significant Impact Bess Than Significant With Mitigation Incorporation Less Than Significant bnpact No Impact b) Conflict wi.th any applicable lafld use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XI. NOISE- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards 0f other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? XII. POPULATION AND HOUSING - Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or Other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact Ness Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact c) Displace substantial numbers ofp~ople, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. RECREATION- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio'on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? Potentially Significant Impact l~ess Than Significant With Mitigation Incorporation Less Than Significant hnpact No hnpact g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks).'? XVI. UTILITIES AND SERVICE SYSTEMS- Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of Which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, 'the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife poPulation to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of ~ast projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentialh, Significant hnpact ,~ess Than Significant With · Mitigation Incorporation Less Than Significant Impact No Impact ATTACHMENT A Evaluation of Environmental Impacts Temporary. Auto Storage Conditional Use Permit 00-011 PROJECT DESC ~RIPTION The auto storage facility 'is proposed to be located on Vacant land between E1 Camino Real and the Santa Ana (I-5) Freeway on a portion of property described as Assessor's Parcel Number 500-291-03. The property is bounded by The Tustin 'Market Place to the east, El Camino Real to the north, the El Modena Flood Control Channel and easement to the east and I-5 Freeway to the south. Access to the site is provided from El Camino Rfial. The site is separated.from the flood control channel and easement by a chain link fence. There is an existing thirty two (32) foot driveway located approximately mid-point of the site. The driveway is currently used to access the rear portion of Home Depot site and Tustin Market Place. The proposed drive.way will connect to the existing thirty two (32) feet driveway but will narrow to twenty-five (25) feet in width. The facility would be operated by the Tustin Auto Center Association and would be available to all auto dealers within the Tustin Auto Center. There would be 149 parking spaces that are typically nine (9) feet wide and range in length from twenty-five (25) to seventy-five (75) feet to accommodate 314 vehicles. The parking stalls outside the guarded area would be enclosed on four sides by a six (6) foot high security fencing with an access gate at front. At approximately 800 feet from El Camino Real, a 25 feet by 40 feet hammerhead turn around area for emergency vehicle acceSs is proposed. Ail driveways and storage areas are proposed to be paved with asphalt concrete to support the weight of vehicles and emergencY vehicles. The existing and proposed driveways are relatively flat. The parking stalls are sloped downward from the driveway toward the channel by an average slope of twenty percent (20%). Lighting to the site would be provided by thirteen (13) light poles similar to the existing street lighting in appearance to provide a minimum of one. (1) foot-candle lighting to comply with the City' s Security Ordinance. CHECKLIST REPONSES I. AESTHETICS Items a through d-"No Impact": The proposed project is located on a vacant parcel behind the Tustin Market Place adjacent to a flood control channel. No scenic vista or highway is present within the area. Given the limited access to the area, the project would not be highly visible to passing motorists or pedestrians. The proposed lighting would be minimal with no impacts to adjacent properties. No impacts to aesthetics are anticipated. Sources: Submitted Plans Negative Declaration CUP 00-011, Auto Storage Facility Page I e ge Site Observation Tustin General Plan East Tustin Specific Plan Mitigation/Monitoring Required: Any portion of the proposed security fencing parallel to E1 Camino Real shall be provided with slats for screening of the vehicles. The proposed main driveway access gate shall be constructed of decorative wrought iron. Details and specifications for the gate shall be submitted for review and approval of the Community Development Department. AGRICULTURAL RESOURCES Items a through c- "No Impact": The project is located in a developed urban area where no farmland is existing. The project will not conflict with existing zoning for agricultural use or a Willamson Act contract. The project would not result in conversion of farmland to non-agricultural use. Sources: Submitted Plans Sit~ Observation Tustin General Plan East Tustin Specific Plan Mitigation/Monitoring Required: None Required AIR QUALITY Item b - "Less than Significant With Mitieation Incorporated": Short'term emissions associated with grading and the construction of the proposed building and site amenities are subject to regulation by the South Coast Air Quality Management District and the City of Tustin Grading Manual which includes requirements for dust control. Long-term emissions associated with the movement of automobiles in not expected to exceed levels already existing within the Auto Center. Sources: Submitted Plans and Documents Tustin General Plan Mitigation/Monitoring Required: All construction activity shall comply with the requirements of the City of Tustin Grading Manual, which requires frequent watering of the project site for dust control. Negative Declaration CUP 00-011, Auto Storage Facility Page 2 e . Operation of the proposed auto storage facility shall comply with the requirements of the South Coast Air Quality Management District. Items a. c. d. and e- "No Impacts": The relatively small magnitude of the project and number of trips generated does not have the capacity to create a net increase of any criteria pollutant, expose sensitive receptors to substantial pollutant concentrates, or create objectionable odors. The project will not conflict with implementation of the regional air quality plan nor will it result in a considerable increase of pollutant in the project region. BIOLOGICAL RESOURCES Items a throueh f- "No Impact": The prOject site is located on a vacant parcel that has been previously graded. There are no unique, rare, or endangered species of plant or animal life on site or identified in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service existing on the site. No impacts to biological resources are anticipated. Sources: Site Observation . Tustin General Plan Mitigation/Monitoring Required: None Required CULTURAL RESOURCES Items a throueh d - "No Impact": The proposed project is located on a vacant parcel that has been previously graded. The project is not within an area where' identified archaeological, historical, or paleontological resources exist. No impacts to cultural resources are anticipated. Sources: Irvine Industrial Complex Planned Community Regulations Tustin General Plan Mitigation/Monitoring Required: None Required 6. GEOLOGY AND SOILS Items a throueh e - "No Impact": The proposed project is located on a vacant parcel that has been previously graded. The topography of the site is relatively flat and would require minor precise grading activity to prepare the site for the improvements. The project site is located in an area that is designated as liquefaction zone in a Preliminary Map released on October 15, 1997 by State Department of Mining and Geology. Structures in this area have the' potential to expose people to loss, injury, or death should the building collapse as a result of the effects of a rupture of a known earthquake fault, strong seismic ground Negative Declaration CUP 00-011, Auto Storage Facility Page 3 e shaking, landslides, or unstable or expansive soil. Other than grading for the parking area, installation of curb and gutter, lighting poles and security fencing, there would be no structures on the site. Construction of the proposed improvements will require compliance with the Uniform Building Code and other related codes. ComPliance with current codes will ensure that the design and construction of the proposed project' reduces any potential impacts related to fault ruptures, ground shaking, ground failure, liquefaction or unstable soils to a level of insignificance. Sources: Tustin General Plan City of Tustin Grading Manual Uniform Building Code Preliminary Seismic Map Uniform Building Code HAZARD AND HAZARDOUS MATERIALS Items a through c -"Less Than Significant With Mitigation Incorporated": No hazardous materials will be used in the operation of the facility. All vehicle maintenance and repair will be required to be performed in approved service bays within each dealer's service yard. With implementation of conditions of approval, all impacts would be reduced to a level of insignificance. - Sources: Submitted Plans and Documents Tustin General Plan Irvine Industrial Complex Planned Community Regulations Mitigation/Monitoring Required: The use of hazardous materials shall be prohibited. No vehicle maintenance or repair shall be performed in the storage facility. Items d through h - "No Impact": The height of the fencing surrounding the storage area will not exceed any height restriction mandated by the Airport Environs Land Use Plan (AELUP) within the City's jurisdiction nor is the project in the vicinity of a private airstrip. The project site is not located in an area subject to wild land fires. Sources: Submitted Plans and Documents Tustin General Plan Irvine Industrial Complex Planned Community Regulations Mitigation/Monitoring Required: None Required Negative Declaration CUP 00-011, Auto Storage Facility Page 4 8. HYDROLOGY AND WATER QUALITY Item a- "Less Than Si_onificant With Mitieation Incorporated": The facility will be constructed with curb and gutter along the westerly side adjacent to the flood control channel to avoid runoff to the channel. Improvements to the site would include inlet and underground storm drain system for connection to the existing storm drain system. Approval of the Orange County Flood District and compliance with other applicable federal and state regulations for construction and operation of the project will be required. Compliance with the following mitigation measures will reduce potential impacts to a level of insignificance. Sonrcesi Submitted Plans and Documents City of Tustin Grading Manual Public Works Department Mitigation/Monitoring Required: Prior to issuance of a grading permit, the proposed plans will be submitted to the Orange County Flood Control District for approval and compliance with City's National Pollution Discharge Elimination System (NPDES) City-Wide Permit. There shall be no direct discharge to the Flood Control Channel. The site shall be designed with curb and gutter along the flood control channel that would direct runoff form the site to the storm drains. A separate 24"x36" street improvement plan, as prepared by a California Registered Civil Engineer, is required for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Plans should include: Prepare and submit a final grading plan showing all pertinent elevations as they pertain to public right-of-way along with delineating the following information: a) b) c) Final street elevations at key locations. Final pad/finished floor elevations and key elevations for all site grading. All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. All flood hazards of record. At time of plan check, and prior to issuance of a grading permit, the applicant shall submit specifications to the City regarding the water disposal in accordance with the state and federal standards of the Clean Water Act. Negative Declaration CUP 00-011, Auto Storage Facility Page 5 e The collection, conveyance and discharge of the surface run-off shall be subject to approval by the City of Tustin Engineering Division and the Orange County Flood Control District. Drainage improvements shall consist of, but not limited.to inlets and underground storm drain system. and connection to the existing storm drain system. Adequate erosion control shall be provided between the paved "Hammer Head" turn around and the proposed retaining curb and gutter for all areas where Section C-C on the site plan is applicable. A sedimentation and erosion control plan for all work related to this development shall be prepared and submitted to the City of Tustin Public · Works Department. A complete hydrology study and hydraulic calculations shall be submitted for review and approval of the City. Items b through j "No Impact": The project will not expose people or property to water related hazards such as flooding and erosion and will 'not change the course or direction of waters movements or affect the quantity and quality of groundwaters. The impervious surface of.the project will drain into the existing storm drain system. The project does not have the capacity to affect the direction of currents in surface waters or amount or quality of groundwaters, absorption rates, drainage patterns of surface runoff, or effect on the amount or quality of surface or groundwaters. Sources: Tustin General Plan City of Tustin Grading Manual Public Works Department Project Application LAND USE AND PLANNING Items a throuah c -"No Impact": The establishment of an auto storage facility for a period of seven (7) years is a conditionally permitted use within the East Tustin Specific Plan area [Section 3.7.1(D)]. The project will not divide an existing established community nor conflict with resource conservation plans. Sources: Tustin General Plan East Tustin Specific Plan Mitigation/Monitoring Required: None required. Negative Declaration CUP 00-011, Auto Storage Facility Page 6 10. MINERAL RESOURCES 11. Items a and b -"No Impact"' No significant mineral resources are located on the project site. The proposed project Will not result in loss of a known mineral resource, or availability of a locally important mineral resource recovery site. Sources: Tustin General Plan East Tustin Specific Plan Mitigation/Monitoring Required: None Required 'NOISE Items a throuzh d- "Less Than Significant With Mitination Incorporated": The proposed operational hours for the facility is from 7'00 a.m. to 7:00 p.m. These hours are compatible with the commercial uses within the neighborhood. The site is located within a secluded area not in proximity of any residential development. Construction of the facility may result in a less than significant increase in short- term construction noise, however, all uses within this area are subject to the City's noise regulations and construction hours. No significant long-term noise increase above typical levels associated with moving and parking vehicles is anticipated. Sources: Submitted Plans and Documents Tustin City Code Tustin General Plan East Tustin Specific Plan Mitigation/Monitoring Required: All construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and.between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official. Items e and f- "No Impact": The project is not located within two miles of a public airport, a private airstrip, or a public use airport that would expose people working in the area to excessive noise levels. Sources: Submitted Plans and Documents Tustin City Code Tustin General Plan Negative Declaration CUP 00-011, Auto Storage Facility Page 7 12. 13. Mitigation/Monitoring Required: None Required POPULATION AND HOUSING Items a, b. and c- "No Impact": As an automobile storage facility, the proposed project does not have the capacity to increase population in the area, displace any .existing housing units, or people. Sources: Submitted Plans Tustin General Plan Mitigation/Monitoring Required: None Required PUBLIC SERVICES Item a - "Less than Significant with Mitigation Incorporated": The.automobile storage facility will not creme demand for alteration or addition of government services (fire and police protection, schools, 'parks, etc.). However, the high concentration of vehicles in an isolated area will require security measures to prevent undue demand on Police services. In addition, the site will need to provide access for fire personnel and equipment. Implementation of the mitigation measures will reduce any potential impacts to a level of insignificance. There are three (3) existing fire hydrants along the project site. There would be unobstructed access to these fire hydrants. Sources: Submitted Plans and Documents Tustin Police Department Orange County Fire Authority Tustin Public Works Department Mitigation/Monitoring Required: A minimum of one (1) foot-candle lighting for the parking area is required in accordance with the City's Security Code. A lighting plan with the number and location of proposed lighting and the minimum/maximum lighting level on the site shall be submitted for final approval of the Community Development Department. Typical street lighting standards · should be selected to be consistent with the surroundings. Based on the number of service calls, the Police Chief and the Community Development Director may require a 24-hour security guard to be provided on site. If required, the location and specifications of a guard kiosk shall be submitted' for approval by the Community Development Department. Negative Declaration CUP 00-01I, Auto Storage Facility Page 8 Prior to issuance of a building permit, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of a building permit. The applicant shall make provisions for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. The fire hydrants shown on the submittal appears to be on a private access providing protection to the shopping center. Unobstructed access should be provided to the fire hydrants. Item #2 of the general notes shall clarify the number and access arrangement to all fire hydrants. Prior to issuance of any certificate of use and occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street or drive per the Orange County Fire Authority Standard as approved by the Fire Chief. These markers are to be maintained in good condition by the' property owner. Fire Access Roads: Prior to issuance of any grading permits' the. applicant shall submit and obtain approval of plans for all roads, street and courts, public or private, for approval from the Fire Chief in consultation with the Manager, Subdivision and Grading Services. The plans shall include the plan view, sectional view, and indicate the grade and width of the street or court measured flow line to flow line. All proposed fore apparatus turnarounds shall be approved by the Fire Chief and if needed, clearly marked when a dead-end street exceeds 150 feet or when otherwise required. Applicable CC&R's, or other approved documents, shall contain provisions which prohibit obstructions such as speed bumps/humPs, control gates or other modifications within said .easement or access road unless prior approval of the Fire Chief is granted. Street Markings: Prior to the issuance of a grading permit, the applicant shall submit plans and obtain approval from the Fire Chief for the fire lanes on required fire access roads less than 36 feet in width: The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. Prior to the issuance of any certificate of use and or operation, the fire lanes shall be installed in accordance with the approved fire lane plan. The CC&R's or other approved documents, shall contain a fire lane map and Negative Declaration CUP 00-011, Auto Storage Facility Page 9 provisions which prohibit parking in the fire lanes. The method of enforcement shall be documented. Access Gate Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire Chiefs approval for the construction of any gate across required fire authority access roads/drives. Contact the Orange County Fire Authority at (714) 744-0499 for a copy of the "Guidelines for Fire Authority Emergency Access." 14. RECREATION Items a and b' "No Impact": As an auto storage facility, the proposed project does not have the capacity to increase the demand for neighborhood parks or recreational facilities. No impacts to recreational resources are anticipated. Sources: Tustin City Code Tustin General Plan East Tustin Specific Plan Mitigation/Monitoring Required: None Required 15. .TRANSPORTATION/TRAFFIC Items b and g -"No Impact"' The proposed project consists of an enclosed automobile storage facility on vacant property. The facility will be enclosed by fencing; operation of the facility will not conflict with pedestrian Or vehicular travel ways. Sources: Submitted Plans and Documents Tustin City Code Tustin General Plan Mitigation/Monitoring Required: None Required Items a, c, d, e, f-"Less Than Significant With Mitigation Incorporated": The site currently provides access to the rear side of the adjacent Tustin Market shopping center including pick up and deliveries to Home Depot. There are four (4) existing accesses. Two (2) of which are egress only from the service station/car' wash, a third one (1) is directly connected to rear portion of Home Depot, and the fourth one provides access to rear parking spaces of Tustin Market Place. These access driveways would remain unchanged. Negative Declaration CUP 00-01 I, Auto Storage Facility Page 10 16. 17. The hours of operation for the facility is proposed from 7:00 a.m. to 7:00 p.m. seven days of the week. There would be a maximum of eighteen (18) trips in an hour to and from the facility. Vehicles to the site are either driven individually or transported to the site on trucks that would hold a maximum of nine (9) cars at a time. The use will not generate significant levels of traffic above typical levels associated with deliveries of vehicles to the Tustin Auto Center. Compliance with the following mitigation measures will reduCe potential impacts to a level of insignificance. Sources: Submitted Plans and Documents Tustin City Code Tustin General Plan Mitigation/Monitoring Required: All deliveries, pick up and drop off operation shall take place between the hours of 7:00 a.m..and 7:00 p.m. as proposed. Any changes to the hours of Operation shall be submitted to the Community Development Department for review and approval. No parallel parking and or on-site parking other than designated areas for vehicles or delivery trucks is permitted. uninterrupted access from Myford Road to the area west of the project site shall be provided to the Irvine Company as shown on the plan. No stacking of vehicles or transporters is permitted between the intersection of E1Camino Real and Myford Road and the first parking stall. UTILITIES AND SERVICE SYSTEMS Items a through g - "No Impact": The project is located in an area where all utilities are available to the site. No other impacts to water treatment, water supply, wastewater treatment, solid waste disposal are identified. Sources: Tustin City Code Tustin General Plan Mitigation/Monitoring Required: None Required MANDATORY FINDINGS OF SIGNIFICANCE Items a, b and c -No Impact: The project design, construction and operation will comply with the regulations of the City of Tustin, Air Quality Management District, and Orange County Fire Authority which reduces any potential impacts Negative Declaration CUP 00-011, Auto Storage Facility Page 11 to a level of insignificance. As such, the project does not have the potential to degrade the quality of the environment nor achieve short-term environmental goals to the disadvantage of the long-term. It does not have impacts that are individually limited but cumulatively considerable or that would cause substantial adverse impacts on human beings. Sources: Submitted Plans and Documents City and Agency Requirements · Negative Declaration CUP 00-011, Auto Storage Facility Page 12 ATTACHMENT D Resolution No. 00-76 RESOLUTION NO. 00-76 10 12 13 14 16 17 20' 2] 22 23 24 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RE-CERTIFYING THE FINAL NEGATIVE DECLARATION FOR CONDITIONAL USE PERMIT 00-011 AS ADEQUATE FOR THE ESTABLISHMENT OF AN AUTO STORAGE FACILITY ON A VACANT PARCEL BETWEEN EL CAMINO REAL AND SANTA ANA FREEWAY (I-5) THROUGH A GROUND LEASE BETWEEN THE CITY OF TUSTIN AND AUTO CENTER MERCHANTS ASSOCIATION AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A, That Conditional Use Permit (CUP) 00-011 was originally considered a "project" pursuant to the terms of the California Environmental Quality Act and the proposed Ground Lease to implement CUP 00-011 is also considered a "project"; Bo A Draft Initial Study and Negative Declaration have been prepared for this project and distributed for public review and adopted by the Planning Commission on May 22, 2000; C, Whereby, the City Council of the City of Tustin haS considered evidence presented by the Assistant City Manager and Planning Commission and other interested parties with respect to the subject Negative Declaration; and, Do The City Council has evaluated the previously approved Final Negative Declaration and determined that with incorporation of the mitigation measures originally required by CUP 00-011, the previous certified Negative Declaration is adequate for the project and the project would not have a significant effect on the enVironment. II. A Final Negative Declaration, attached hereto as Exhibit A, has been previously adopted in compliance with CEQA and state guidelines. The City Council has received and considered the information contained in the previously adopted Negative Declaration prior to approval of the proposed Ground Lease project, and found that it adequately discusses the environmental effects of the proposed project. On the basis of the initial study and comments received during the public hearing process, the City Council re-certifies the Final Negative Declaration and finds that although the proposed project could have impacts, there will not be a significant effect because mitigation measures identified in the Final Negative ]0 !2 ]4 ]5 !? ]8 20 2! 22 23 24 25 Resolution No.00-76 Page 2 Declaration have been incorporated into CUP 00-001 and the Ground Lease project which will mitigate any potential significant effects to a point where clearly no significant effect would occur. The mitigation measures were already included as conditions of approval in Planning Commission Resolution No. 3727. In addition, the City Council finds that the project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources and the City Council make a De Minimis Impact Finding related to AB 3158, Chapter 1706, Statutes of 1990. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 6th day of November 2000. JEFFERY M. THOMAS, Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 00-76 was duly passed and adopted at a regular meeting of the Tustin City Council, held on November 6, 2000, by the following vote: COUNCILMEMBER AYES: COUNCILMEMER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK ccresos~auto center, doc -2- EXHIBIT A PL .;TED F .ED "" JUN 0 I 2000JUN 0 1 2000 GA~LL-,-~I~.E, Clerk. Recorder .{3~,Y L. GR_~LE. C,erk-Rec0,de, ' 6y~.~/~/' ~- DEI[II~MMU~~~LOP~T DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 NOTICE OF DETERMINATION Project Title: Conditional Use Permit 00-011 State Clearing House N°.:N/A Project Location (including County): Tustin, Orange [-]Fee Exempt per Govt. Co~} ,Sec?on 6103 Lead Agency Contact Person: Minoo Ashabi Phone Number:714/573-3126 Project Description: Establishment of an auto storage facility for Tustin Auto Dealers on a vacant parcel for seven (7) years. The facility would hold up to 314 new vehicles. This is to advise that the (~]Lead Agency [-]Responsible Agency) has approved the above described project on November 1, 1999 and has made the following determinations regarding the project: . o The project {I--]will I--]will not} have a significant effect on the environment. [---], An EIR was prepared for this project pursuant to the provisions of CEQA. [Y~] A Negative Declaration was prepared for thi~ project pursuant to the provisions of CEQA. Mitigation measures {[~were [--]were not} made a condition of project approval. A Statement of Overriding Consideration {[--] was [--'] was not} adopted for this project. Findings {[--]were [--]were not} made pursuant to the provisions of CEQA. This is to certify that the Final EIR with comments and responses, and record of approval, is available to the general public at: Date ~" ~' 5- 00 l~-Elizabeth A. Binsack Community Development Director Recorded in Official Records, County of Orange Gary Granville, Clerk-Recorder 1111111111111111111111111111111111111111111111111111111111111138.oo 200085000211 09:30am 06/06/00 170 52 Z01 0.00 38.00 0.00 0.00 0.00 0.00 0.00 0.00