Loading...
HomeMy WebLinkAbout01 TPM 99-196 DR 99-22 11-01-99DATE: NO. 1 11-01-99 NOVEMBER 1, 1999 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT TENTATIVE PARCEL MAP 99-196 AND DESIGN REVIEW 99-022 SUMMARY: Tentative Parcel Map 99-196 attd Design Review 99-022 is a request to subdivide afire acre parcel located at 2 761 Walnut Avenue bt to two parcels for the purpose of constructing a 33,141 square foot office building. On October 25, 1999, the Plannbtg Commission recommended that the City Council approve the environntental deter/nOtation, Tentative Parcel Map 99-196, a/rd Design Review 99-022. Applicant: IlZa.),ne Siu Architects Owner: Jerse)' Business Center Associates RECOMMENDATION That the City Council: 1. Adopt Resolution No. 99-91 adopting the Negative Declaration for the project; 2. Adopt Resolution No. 99-92 approving Tentative Parcel Map 99-196; and, 3. Adopt Resolution No. 99-93 approving Design Review 99-022. FISCAL IMPACT The Tentative Parcel Map is an applicant initiated project. Fees totaling $1,230.00 were collected for the processing of this map. BACKGROUND The applicant proposes to subdivide a five acre parcel into two (2) parcels of 1.89 and 3.12 acres and construct a new 33,141 square foot office building on the smaller parcel. The site is located in the Irvine Industrial Complex Planned Community south of Interstate 5 (see Attachment A - Location Map) at 2761 Walnut Avenue and is surrounded by industrial development. A portion of the site is developed with a 50,130 square foot concrete tilt-up office and warehouse building. On October 25, 1999, the Planning Commission adopted Resolution Nos. 3698 and 3699 recommending that the City Council approve Tentative Parcel Map 99-196 and Design Review 99-022 (see Attachment B- Minutes/Resolutions). City Council Report TPM 99-196 November 1, 1999 Page 2 DISCUSSION AND ANALYSIS Tentative Parcel Map The proposed subdivision would create two parcels from an existing 5.02 acre site; a 3.12 acre parcel (identified as Parcel 2 on Tentative Parcel Map 99-196 - Attachment C) would contain the existing office/warehouse building with the parking and access and a 1.89 acre parcel (Parcel 1) would contain the proposed 33,141 square foot two-stow offiCe building. Both parcels would have independent access and parking. The development standards in the Irvine Industrial Complex Planned Community Regulations require the following: · Minimum Site Size · Maximum Lot Coverage · Minimum Front Setback · Minimum Side Yard Setback · Minimum RearYard Setback · Maximum Building Height 30,000 Square feet (0.68 acre) 5O% 30 feet 10 feet 0 feet 25 feet* *Buildings over twenty five feet are subject to Planning Commission approval The proposed parcels and existing improvements meet the required development standards for subdivision of land. The proposed property line dividing the two parcels would be a jogged line placed ten feet from the western side of the existing warehouse/office building. There would be no modifications to the existing front, rear and side (eastern) setback for the existing building as a result of the subdivision. Design Review Site Plan The proposed building would be located at a minimum distance of thirty-one (31) feet and six (6)inches from the front property line and twenty (20) feet from the side (western) property line, consistent with the minimum required setbacks (see Attachment D - Site Plan). Within the side (western) setback area, there is a twenty (20) foot railroad easement and a fifteen (15) foot storm drain easement extending along the western property line. The building footprint would cover approximately thirty (30) percent of the lot which is less than the maximum lot coverage allowed: A trash enclosure is proposed at the rear portion of the parking lot with direct access from the main driveway. Condition 2.10 of Resolution No. 99-93 (Attachment E) requires that the enclosure be consistent with the size and aesthetic requirements. City Council Report TPM 99-196 November 1, 1999 Page 4 Parking, Access, and Circulation There is an existing driveway access at the southeast corner of Parcel 2. No modification to the existing building and parking area is proposed. The applicant is proposing a new twenty-eight (28) foot wide driveway access from Walnut Avenue for Parcel 1. Consistent with the requirements of the Irvine Industrial Complex Planned Community Regulations, each of the parcels would contain the required number of on-site parking spaces. Based on the following criteria, the number of parking spaces are distributed as shown in the table: Use Office Use Manufacturing Warehouse Required Parking 1 parking space per 250 square feet of gross floor area 2 parking space per 1,000 square feet of gross floor area 1 parking space per 1,000 square feet of gross floor area for the first 20,000 square feet, 1 per 2,000 for the second 20,000 square feet of floor area. Office ~ Warehouse Total Parking Parking Use Use Building Area Required Provided Parcel 2 Building I t 9,980 40,150 i 50,130 70 84 Parcel1 Building2 .t33,141 .0 .33,141 I 132.56 I 133 The existing office/warehouse site has eighty-four (84) parking spaces that accommodate the office and warehouse use. With the above ratio, fourteen (14) excess parking spaces would be available. Condition 3.6 of Resolution 3699 ensures sufficient parking for future proposals for expansion of the office use within the existing building. Office expansion would be limited to the number of excess parking spaces. The proposed 33,141 square foot office building would generate approximately 609 additional vehicle trips. Walnut Avenue is designated as an augmented primary roadway that will experience localized improvements to increase caPacity in the future between Tustin Ranch Road and Myford Road. The proposed subdivision and the new office building have been reviewed by the City's Traffic Engineer for potential traffic impacts. No significant impacts to the circulation pattern or level of service on Walnut Avenue or adjacent arterial roads are anticipated. Architecture The proposed two-story office building is designed as a two-story shell structure with a main lobby and public restrooms. The second floor includes an open space to the main lobby and can be accessed by a stairway and an elevator from the main lobby. There is a covered patio and deck above the covered entry at the main entrance. There are two additional stairways at the opposite ends of the building (see Attachment D - Floor Plans). City Council Report TPM 99-196 November 1, 1999 Page 4 The tilt-up structure is designed to complement the architecture, size, and mass of the surrounding buildings. There are repetitive stacked windows along the four elevations. To enhance the exterior elevations, the applicant is proposing half-inch horizontal and vertical reveal lines that would accent the window and door openings (see Elevations - Attachment D). An extended portico with a second floor balcony would be located at the main entrance on the west elevation. The south.facing elevation has a two (2) foot off set at the stairway and includes a blank fa(;ade area proposed for future sign. Condition 3.4 of Resolution 3699 requires the applicant to submit a revised south elevation with proposed sign or symmetrical window arrangement to ensure aesthetic balance of the south elevation. A black anodized finish is proposed for the storefront with bronze glazing. The proposed height of the building is thirty-one (31) feet to screen all roof-mounted equipment. Condition 3.2 of Resolution 3699 is included to ensure that roof mounted equipment would be placed six inches below top of the parapet. Buildings in the Irvine Industrial Complex Planned Community may not exceed twenty-five (25) feet in height unless they are reviewed and approved by the Planning Commission. Since the Irvine Industrial Complex is within the flight pattern of John Wayne Airport, new development also needs to comply with the applicable criteria of the Federal Aviation Agency as contained within the Airport Environ Land Use Plan (AELUP) and adopted by the Airport Land Use Commission. Development which exceeds 100 feet at the project site (i.e, penetrates the "imaginary surface" of air traffic) would need to be submitted to the Airport Land Use Commission (ALUC) for review. Since the proposed building is thirty-one (31) feet in height, this project was not referred to ALUC. Landscaping New landscaping is proposed in conjunction with development of the new building (see Attachment D - Conceptual Landscape Plan). No modifications to the landscaping of the existing office/warehouse building are proposed. The new office building site would contain fifty-seven (57) trees of various species through out the site (mostly Brisbane Box and Bradford Pear trees). Two California fan palms are proposed at the entrance to the building. Six (6) vine columns would enhance the driveway entrance from Walnut Avenue. Condition 4.1(I) requires specification for the proposed columns to ensure motorist visibility from the site into Walnut Avenue. A lunch area including three pre-cast concrete picnic tables is proposed facing Walnut Avenue that would be screened by five large trees. The proposed location encroaches into the required thirty-foot landscape buffer along Walnut Avenue. Condition 4.1(K) requires that the lunch area be redesigned to meet the minimum front setback requirement of thirty (30) feet. A landscape buffer with a row of over forty Carolina Laurel Cherry trees is proposed along the western property that would screen the abandoned railroad from the office building. City Council Report TPM 99-196 November 1, 1999 Page 5 Lighting The site would be illuminated by ten (10) light poles.ten feet in height that would provide lighting within the parking area. For pedestrian lighting at the entrance to the building, Conditions 3.3 and 3.4 of Resolution 3699 require that a minimum one (1) foot candle lighting be provided for the parking area and ground mounted lighting be installed for illumination of walkways at the main entrance. ENVIRONMENTAL A Final Initial Study/Negative Declaration has been prepared in accordance with the provisions of the California Environmental Quality Act (CEQA) for the proposed development (Exhibit A of Resolution No. 99-91). The Final Negative Declaration discusses potential impact categories and includes mitigation measures which have been included as Conditions of Approval in Resolution Nos. 99-92 and 99-93. Minoo Ashabi Assistant Planner Elizabeth A. Binsack Community Development .Director MA:Tpm99196ccrepod Attachments:. A- Location Map B - Planning Commission Resolution Nos. 3697, 3698, 3699 C- Tentative Parcel Map D - Submitted Plans E - Resolution Nos. 99-91,99-92, 99-93 ATTACHMENT A Location Map LOCATION MAP '.,,.. ~p..o'"-.E-c_-~T' % NO SCALE ATTACHMENT B Planning Commission Resolution Nos. 3697, 3698, 3699 RESOLUTION NO. 3697 4 ]0 ]4 20 22 24 25 26 27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT THE NEGATIVE DECLARATION AS ADEQUATE FOR TENTATIVE PARCEL MAP 99-196 AND DESIGN REVIEW 99-022 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Planning Commission of the City of Tustin does hereby resolve as follows: !. The Planning.CommiSsion finds and determines as follows: A. That Tentative Parcel Map 99-196 and Design Review 99-022 are considered "projects'~ pursuant to the terms of the California Environmental Quality Act; and a. A Draft Negative Declaration has been prepared for this project and has been distributed for public review. Whereby, the Planning Commission of the City of Tustin has considered evidence presented by the CommUnity Development Director and other interested parties with respect to the subject Negative Declaration. Public comments received after adoption of this resolution would be addressed by the City Council prior to approval of the project. U. The Planning Commission has evaluated the proposed Draft Negative Declaration and determined that with incorporation of the mitigation measures, the project would not have a significant effect on the environment. II. A Negative Declaration, attached hereto as Exhibit A, has been completed in compliance with CEQA and state guidelines. The Planning Commission has received and considered the information contained in the Draft Negative Declaration prior to recommending approval of the proposed project, and found that it adequately discusses the environmental effects of the proposed project. Public comments received after adoption of this resolution would be addressed by the City Council prior to approval of the project. On the basis of the initial study and comments received during the public hearing process, the Planning Commission has 'found that' although the proposed project could have impacts, there will not 'be a significant effect because mitigation measures and a mitigation monitoring program identified in the Negative Declaration have been ]0 ]! !2 !4 !6 !9 2O 2! 22 24 25 26 27 28 Resolution No. 3697 Page 2 incorporated into the project which mitigate any potential significant effects to a point where cleady no significant effect would occur, The mitigation measures are identified in Attachment A of the Negative Declaration and Initial Study and are adopted as findings and conditions of Resolution Nos. 3698 and 3699. In addition, the Planning Commission has found that the project involves no. potential for any adverse-effect, either individually or cumulatively,' on wildlife resources and recommends that the City Council make a De Minimis Impact Finding related to AB 3158, Chapter 1706, Statutes of 1990. PASSED AND ADOPTED at a ~egular meeting of the Tustin 'Planning Commission, held on the 25th day of October 1999. ELIZABETH A. BINSACK Planning Commission Secretary /S'I=E~EN V. KOZAK Chairperson STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the. City of Tustin, Califomia; that Resolution No. 3697 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of October 25, 1999. ELIZABETH A. B[NSACK Planning Commission Secretary ]0 ]? 20 22 23 24 25 26 29 RESOLUTION NO. 3698 A RESOLUTION OF THE PLANNING COMMISSION OF'THE CITY OF TUSTIN, RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP 99-196 TO SUBDIVIDE A 5.02 ACRE PARCEL LOCATED AT 2761 WALNUT AVENUE INTO TWO NUMBERED PARCELS FOR THE PURPOSE OF DEVELOPING A 33,141 SQUARE FOOT OFFICE BUILDING. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: That a proper application was filed for Tentative Parcel Map 99-196 to subdivide a 5.02 acre site located at 2761 Walnut Avenue into two numbered pa'rcels of 3.12 and 1.8 acres in area. B. That a public hearing was duly called, noticed and held on said application on October 25, 1999 by the Planning Commission. C. A Draft Negative Declaration has been prepared and reCommended for adoption for this project in accordance with the provisions of the California Environmental Quality Act (CEQA). D. That the proposed subdivision is in conformance with the Tustin Area General Plan, Tustin Zoning Code, State Subdivision Map Act and the City's Subdivision Code; E. That the site is physically suitable for the type of development proposed; F. That-the site is physically suitable for the proposed density of development; O. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; Ho That the design of the subdivision or the type of improvements proposed will not conflict with easements acquired by the public, for access through or use of the property within the proposed subdivision; and, That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. ]0 ]4 ]? 2O 2] 23 :24 2.7 28 Resolution No. 3698 October 25, 1999 Page 2 II. J, That the projeCt has been reviewed for compliance with the Americans with Disabilities Act of 1990 and it has been determined that dedications of right-of-way to accommodate a four (4) foot wide sidewalk behind the drive aprons are necessary for compliance with the .requirements of'ADA. The Planning Commission hereby recommends that the City Council approve Tentative Parcel Map 99-196 for subdivision of an existing parcel located at 2761 Walnut Avenue into two parcels, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 25th day of October, 1999. /S'I'i~I~EN V. KOZAK  Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, Califomia; that Resolution No. 3698 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of October, 1999. ELIZABETH A. I~INSACK Planning Commission Secretary EXHIBIT A TENTATIVE PARCEL MAP 99-196 RESOLUTION NO. 3698 CONDITIONS OF APPROVAL GENERAL (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 (1) 1.5 The proposed project shall substantially conform with the submitted plans for the project date stamped October 25, 1999 on file with the Community Development Department, as herein modified, or unless otherwise indicated, as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan'check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within eighteen (18) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. · Approval of Tentative Parcel Map 99-196 is contingent upon the applicant and property owners signing and returning an "Agreement to Conditions Imposed" form as established by the Community Development Department. The. applicant shall hold harmless and defend the City Of Tustin from ' ' all claims and liabilities arising out of a challenge of the City's approval of this project. SOURCE CODES (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S GUIDELINES DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING PC/CC POLICY Exhibit A Resolution No. 3698 October 25, 1999 Page 2 MAP. SUBMITTAL The subdivider shall record with appropriate agencies, Final Parcel Map 99-196 prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein. 2.2 Prior to recordation of the Final Parcel Map 99-196, a reciprocal storm drain easement agreement for the benefit of Parcel 2, shall be executed and recorded subject to final approval by the City Attorney. 2.3 The applicant shall comply with all Conditions of Approval identified in Planning Commission Resolution No. 3699 for Design Review 99- 022. (1) 2.4 The subdivider shall conform' to all applicable requirements of the State Subdivision Map Act and the City, s Subdivision Ordinance. (1) 2.5 As required by the Subdivision Map Act, the subdivider shall execute a Subdivision and Monumentation Agreement and furnish the lmprovement/Monumentation Bonds as required by the City Engineer prior to recordation of the Final Map. (1) 2.6 Provide a separate 24"x36" street improvement plan, as Prepared by a California Registered Civil Engineer for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited to the following: a) b) c) d) e) f) g) h) Curb and gutter Sidewalk, including curb ramps for the physically disabled Drive aprons. Street light relocation Catch basin/storm drain laterals/connection to existing storm drain systems Domestic water facilities Sanitary sewer facilities Underground utility connection Exhibit A Resolution No. 3698 October 25, 1999 Page 3 -2.? Provide a 24"x36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation. (1) 2.8 Provide a sedimentation and erosion control plan for 'all work related to this development. (1) 2.9 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. (1) 2.10 Any damage done to existing street improvements and utilities shall be repaired before acceptance of the parcel map and or issuance of a Certificate of Occupancy for the development. (1) 2.11 Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees 'paid to the Public Works Department. (1) 2.12 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all federal, state and regional water quality controls board rules and-regUlations. (3) 2.13 At the time of construction of the project, current Federal Americans with Disabilities Act (ADA) requirements will need to be met at the drive aprons. This will require construction of a minimum four- (4) foot wide sidewalk behind the drive apron. The maximum cross slope of the sidewalk shall be two percent and the maximum ramp slope of the drive apron shall be ten percent. This may require dedication of additional right-of-way to accommodate the sidewalk construction. A legal description and sketch of the dedication area, as prepared by a CA Registered Civil Engineer and/or CA Licensed Land Surveyor, shall be submitted to the Engineering Division for review and approval. Exhibit A Resolution No. 3698 October 25, 1999 Page 4 FEES (1) 3.1 Within forty-eight (48) hours of approval of the subject project by the City Council, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. 10 12 14 15 16 17 19 20 21 22 23 24¸ 25 26 27 28 29 RESOLUTION NO. 3699 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING APPROVAL OF DESIGN REVIEW 99-022 AUTHORIZING CONSTRUCTION OF A 33,141 SQUARE FOOT TVVO STORY OFFICE BUILDING LOCATED AT 2761 WALNUT .AVENUE WITHIN THE IRVINE INDUSTRIAL COMPLEX. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: Ao That a proper application, Design Review 99-022, was filed by Wayne Siu Architects on behalf of Jersey Business Center Associates requesting authorization to construct a 33,141 square foot office building at. 2761 Walnut Avenue. B. In accordance with Section V(C) of the Planned Community District Regulation for Irvine Industrial Complex,' the Planning Commission is authorized to consider approval' of proposals .for any structure exceeding twenty five (25) feet in height. Co That said application was reviewed and considered by the Planning Commission on October 25, 1999. P. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of Design Review. 99-022 will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, .the Commission has considered at least the following items: . 2. 3. 4. 5. 6. . 10. 11. Height, bulk and area of buildings. Setbacks and site planning. Extedor materials and colors. ' Type and pitch of roofs. Size and spacing of windows, doors and other openings. Towers, chimneys, roof structures, flagpoles, radio and television antennae. Landscaping, parking area design and traffic circulation. Location, height and standards of exterior illumination. Location and appearance of equipment located outside .of an enclosed structure. Physical relationship of proposed structures to existing structures in the neighborhood. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ResOlution No. 3699 Page 2 12. The proposed height of thirty one (31) feet would not penetrate the "imaginary surface" which is at 100 feet in height at Project location as defined in the Federal Aviation Regulation Part 77 and adopted by the Airport Land Use Commission (ALUC). E. In accordance with requirements of the Califomia Environmental Quality Act (CEQA), a Draft Negative Declaration has been prepared and considered by the Planning Commission prior to recommending approval of the project. Fo That the project has been reviewed for consistency with the Air Quality Sub- Element of the City of Tustin General Plan and has been determined to be consistent or has been conditioned to be consistent with the Air Quality Sub-Element. The Planning Commission hereby recommends approval of Design Review 99-022 authorizing the applicant to construct a new two story office building on the undeveloped portion of the site located at 2761 Walnut.Avenue, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of ti~e Tustin Planning Commission, held on the 25th day of October; 1999. ELIZABETH A. i~INS~CK- Planning Commission Secretary ,/~KOZAK Chairperson STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the Undersigned, hereby certify that i am the Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3699 was duly passed.and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of October, 1999. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A DESIGN REVIEW 99-022 CONDITIONS OF APPROVAL RESOLUTION NO. 3699 (1) (1) ('1) (1) (1) GENERAL 1.1 1.2 The propOsed project shall substantially conform with the submitted plans for the project date-stamped October 25, 1999, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director may also approve minor modifications to the plans if such modifications are determined to be consistent with the approved plans. 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, 'subject to review and approval .by the Community Development Department. 1.4 Design Review approval shall become null and void unless all building permits are issued within eighteen (1,8) months of the date of this Exhibit and substantial construction is underway. 1.5 The applicant and property owner shall sign and return an Agreement to Conditions Imposed form prior to issuance of building permits. 1.6 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of-the City's approval of the entitlement process for this project. (1) 1.7 Modifications to Design Review 99-022 may be considered by the Planning Commission. The applicant shall comply with all conditions contained in Resolution NO. 3698 pertaining to Tentative Parcel Map 99-196. SOURCE CODES (2) (3) (4) STANDARD CONDITION CEQA MITIGATION REQUIREMENTS. UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY LANDSCAPING ,GUIDELINES PC/CC POLICY Exhibit A Design Review 99-022 Conditions of Approval Resolution No. 3699 Page 2 PLAN SUBMITTAL (3) Indicate on the title sheet the applicable codes, City, 'state and federal laws and regulations to include: · 1997 Uniform Building Code with California Amendments · 1997 Uniform Mechanical .and Plumbing Codes with Amendments · 1996 National Electrical Code with California Amendments · City of Tustin Grading and Security Ordinance · City of Tustin Landscaping and Irrigation Guidelines · City of Tustin Private Improvements Standards California (1) 2.2 A detailed soils engineering report and specifications shall be submitted to and approved by the Building Official to ensure conformance with the requirements of the Uniform Building Code and all other applicable state and local laws, regulations and requirements. 2.3 At plan check, submit four (4) sets of construction plans.. If applicable provide two (2) sets of structural calculations and Title 24 energy calculations prepared be a licensed engineer/architect. No field changes shall be made without corrections submitted to and approved by the Community Development Department. 2.4 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. (4) 2.5 All materials, styles and colors shall be COnsistent with the noted materials on the plans and the submitted material sample board. (4) 2.6 All roof-mounted equipment shall be screened by a parapet designed inclusively with the building elevations. The parapet height .shall be a minimum of six inches above the height of roof-mounted equipment. (4) 2.7 Parking lot lighting shall be designed to provide a minimum one (1) foot .- candle illumination in accordance with the City's Security Code. The applicant shall provide details of .all proposed lighting fixtures and a photometric study showing the location and anticipated distribution pattern of light of all proposed fixtures. All new light fixtures shall be designed with the architecture of the building and designed and arranged as not to . direct light or glare onto adjacent properties, including the adjacent streets. Exhibit A Design Review 99-022 Conditions of ApProval Resolution No. 3699 Page 3 (4) 2.8 In addition to the light poles, ground mounted pedestrian lighting shall be provided at the main entrance. (4) 2.9 Submit a revised south elevation with proposed sign subject to final approval of the Community Development. Department. 'If no sign is proposed a symmetrical window arrangement shall be provided for the south elevation. All signs require review and approval by the Community Development Department prior to installation. (1) 2.10 Provide elevations of the trash enclosure and provide dimensions of size', height, setbacks, colors and materials. Provide information on the proposed gate. The trash enclosure shall be installed 'with solid metal, self- closing, self-latching gates. The design of the trash enclosure shall be at least six (6) feet in height and comply with the Great Western Reclamation standards. The trash enclosure shall have materials consistent with the buildings. The trash enclosure size shall have the ability to accommodate the City's recycling program. USE RESTRICTIONS (4) 3.1 The proposed parcels are required to maintain independent driveway access and on-site parking spaces. The proposed building is required to provide 133 parking spaces, with a maximum of twenty percent (20%) compact spaces. The existing building is required to provide seventy (7.0) parking spaces. Any revision to the number of parking spaces shall be in accordance with the required parking criteria stated the Planned Community Regulations. Expansion of the existing office use in the existing building maY be considered upon review and approval of a revised parking summary. LANDSCAPING (6) 4.1 At Building Plan Check, complete detailed landscaping and irrigation plans shall be submitted for the upgrade of all landscaped areas on the site consistent with .adopted City of Tustin Landscaping and Irrigation~ Guidelines Submittal Requirements to the greatest extent feasible, as determined by the Community Development Department. These plans shall include the following: ao b. A combination of planting materials shall be used in all landscape areas. Ground covers shall be planted between eight (8) and twelve (12) inches on center. Exhibit A Design Review 99-022 Conditions of Approval Resolution No. 3699 Page 4 Co d. el g. ho k. All plant materials shall be installed in a healthy vigorous condition typical to the species and landscaping must be maintained in a neat and healthy condition. This will include but not be limited to trimming, mowing, weeding, removal of litter, fertilizing, regular watering or replacement of diseased or dead plants. All newly planted trees shall be staked in accordance with the City's Landscaping and Irrigation Guidelines. Plant materials shall be chosen and located to promote water and energy conservation. Provide summary table applying indexing identification to plant material in their actual location. The plan and table must list botanical and common names, sizes, spacing, actual location and quantity of the plant materials proposed. Note on plans that the Community Development Department. may request minor substitutions of plant materials during plan check, Show planting details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing and coverage. Details for all equipment must be prOvided. Note on landscaping plan that coverage of landscaping irrigation materials is subject to field inspection at project completion by the Community Development Department. Show all property lines on the landscaping and irrigation plan, public right-of-way areas, sidewalk widths, parkway areas and wall locations. Six (6) inch raised concrete curbs shall be placed on-site adjacent to all landscape planting areas, unless approved otherwise by the Community Development Department. The entire area within thirty (30) foot front setback along Walnut Avenue except the Vehicular and pedestrian access shall be landscaped. The proposed lunch area shall be redesigned to meet this requirement, subject to final approval by the Community Development Department. Exhibit A Design Review 99-022 Conditions of Approval Resolution No. 3699 Page 5 Specifications for the proposed vine columns shall be provided including the height and potential mass. Location and design of the columns are subject to final approval of the Community Development Department and the City Traffic Engineer. m. Trees shall be minimum fifteen (15) gallon in size, provided at least one (1) per each five (5) parking stalls. n. The location of the irrigation electronic controller shall be shown on the landscape and irrigation plans. The location shall take into consideration the potential for vandalism and should be screened from view by architectural elements. ORANGE COUNTY FIRE AUTHORITY Fire HYdrants: The property owner shall maintain two (2) fire hydrants on each of the proposed parcels. The proposed parcels and office building shall meet all requirements of the Orange County Fire Authority. (5) 5.2 Prior to the issuance of a building permit, the applicant shall submit a fire hydrant location plan for the review and approval of the Fire' Chief. (5) 5.3 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 pdvate. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of a building permit. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. (5) 5.4 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. Exhibit A Design Review 99-022 Conditions of Approval Resolution No. 3699 Page 6 Water A va#ability: (5) 5.5 Prior to the issuance of a building permit, the applicant shall provide evidence of adequate fire flow. The Orange County Fire Authority Water Availability for Fire Protection form shall be signed by the applicable water district and submitted for approval to the Orange County Fire Authority. Automatic Fire Sprinkler System: (5) 5.6 'Prior to issuance of a building permit, the applicant shall submit plans for the required automatic fire sprinkler system in any structure to the OCFA for review and approval. (5) 5.7 Prior to the issuance of a certificate of use and occupancy, the automatic fire sprinkler system shall be operational in manner meeting the approval of the Fire Chief. Fire Access Roads: (5) 5.8 Prior to the issuance of any building permit, the applicant' shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on site. (5) 5.9 Street signs: A note shall be placed on the fire protection access easement plan indicating that all street/road signs shall be designed and maintained to be either internally or externally illuminated in a manner meeting approval of the Fire Chief. Street Markings: (5) 5. 0 Prior to the issuance of a building 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.. (5) 5.11 Prior to the issuance of any certificate of use and occupancy, 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 provisions which prohibit parking in the fire lanes. The method of enforcement shall be documented. Exhibit A Design Review 99-022 Conditions of Approval Resolution No. 3699 ' Page 7 Combustible Construction Letter: (5) 5. 2 Prior to issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and the all weather fire protection access roads shall be in place and operational before any combustible material is placed on- site. NOISE (1) 6.1 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. FEES (1) 7.1 Prior to issuanCe of any building permits,-payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. ao Building plan check and permit fees to the Community Development Department based on the most current schedule. bo Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. C. Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department at the time a building permit is issued. The current fee is $3.09 per square feet of building area. do Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees at the time a building permit is issued. The current fee is $675/1000 square feet of building area. eo New development tax. in the amount of $0.10 per square foot of gross floor area. Exhibit A Design Review 99-022 Conditions of Approval Resolution No. 3699 Page 8 go h. School facilities fee in the amount Of $0.31 per square foot. Transportation System Improvement Program (TSIP), Benefit Area "B" fees in the amount.of $3.31 per square foot of new or added gross square floor area of construction or improvements to the Community Development Department. · . Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of $38.00 (thirty eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty- eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. Planning Commission IV,,,,dtes October 25, 1999 Page 2 Recommendation That the Planning Commission adopt Resolution No. 3700 determining that the location, purpose, and extent of a proposed easement for Orange County Flood Control District (OCFCD) facility is in conformance with the Tustin General Plan. Commissioner Davert moved, Commissioner Bell seconded, to approve the Consent Calendar.. Motion carried 5-0. PUBLIC HEARINGS: __ Tentative Parcel Map 99-196 and Design Review 99-022 a request for authorization to subdMde a 5.02 acre lot into two numbered lots; and authorization to construct a 33,141 square foot office building. The project is located, at 2761 Walnut Avenue within the Planned Community Industrial (PC-IND) zoning district. APPLICANT: WAYNE C. SIU ARCHITECTS PROPERTY OWNER: JERSEY BUSINESS CENTER ASSOCIATES, LTD. Recommendation 1. That the Planning Commission adopt Resolution 'No. 3697 recommending that the City Council adopt as adequate the Negative Declaration for Tentative Parcel Map 99-196 and Design Review 99-022; 2. That the' Planning Commission adopt Resolution No. 3698 recommending that the City Council approve Tentative Parcel Map 99-196 to allow subdivision of a five (5) acre parcel to create two new parcels; and, 3. That the Planning Commission adopt Resolution No. 3699 recommending that the City Council approve Design Review 99-022 to allow construction of a 33,141 square foot office building thirty one (31) feet in height. The Public Hearing opened at 7:02 p.m. Minoo Ashabi presented the subject report. Commissioner Pontious asked staff the status of the sidewalks in the area. Minoo Ashabi responded that there' is an existing sidewalk in the area. Chairperson Kozak asked the applicant what they are proposing on the south elevation. Planning Commission Minu~s October 25, 1999 Page 3 Dennis Kasa, architect, responded that the elevation indicates two windows in that area and they would like to keep the area as a panel that is uninterrupted and use it for signage in lieu of the windows. The Public Hearing closed at 7:08 p.m. Commissioner Davert stated the project looks good to him. Chairperson Kozak stated that the conditions of approval addressed his concerns and asked the applicant if they understand and agree with the lunch area condition. The Public Hearing reopened at 7:09 p.m. Dennis Kasa, architect, stated he did understand and agree with the condition. The Public Hearing closed at 7:09 p.m. Commissioner Davert moved, Commissioner Kawashima seconded, to adopt Resolution No. 3697 recommending that the City Council adopt as adequate the Negative Declaration for Tentative Parcel Map 99-196 and Design Review 99-022. Motion carried 5-0. Commissioner Davert moved, commissioner Kawashima seconded, to adopt Resolution No. 3698 recommending that the City Council approve Tentative Parcel Map 99-196 to allow subdivision of a five (5) acre parcel to create two new parcels. Motion carried 5-0. Commissioner Davert moved, Commissioner Kawashima seconded, to adopt Resolution No. 3699 recommending that the City CoUncil approve Design Review .__.___ 99-022 to allow construction of a 33,141 square foot office building thirty one (31) feet in height. Motion carried 5-0. 4. Amendment To Conditional Use Permit No. 98-031 a request for authorization to sell beer and wine (ABC License Type "41") for on-site consumption and the use of shared parking in conjunction with the expansion of an existing restaurant. The project is located at 660 El Camino Real within the Central Commercial District, Parking Oveday District (C-2 P), Town Center Redevelopment Project Area. APPLICANT: AKIRA TAKASHIO HONDAYA CORPORATION PROPERTY OWNER: WILLIAM ZAPPAS El CAMINO PLAZA ATTACHMENT C Tentative parcel Map 99-196 PROPOSED NE~V BUILDING . PAD = ~.2§ Fl: = ~.75 ,^ · , ~ , :;;0 ATTACHMENT D Submitted Plans I -- iii '~-,~iii ..... I_ -~'"1 i_-_1 .... , , , ~ ' , ~ . Wabut Olfice B~r~g Complex 2761 W~nul 'l'u~ln. CA 9268O O3 .-.{ IT! "0 . Sinclair II --' ..... Il !1 U I m ATTACHMENT E Resolution Nos. 99-91, 99-92, 99-93 RESOLUTION NO. 99-91 ]0 ]6 ]? ]9 20 2] 23 24 25 26 2? 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR TENTATIVE PARCEL MAP 99-196 AND DESIGN REVIEW 99-022 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 Tentative Parcel Map 99-196 and Design Review 99-022 are considered "projects" pursuant to the terms of the California Environmental Quality Act; and Bo A Final Negative Declaration has been prepared for this project and has been distributed for public review from October 1, 1999 to October 28, 1999. C, Whereas, the Planning Commission of the City of Tustin has considered evidence presented by the Community Development Director and other interested parties with respect to the subject Negative Declaration, and on October 25, 1999 recommended that the City Council certify the Negative Declaration. P. The City Council has reviewed and considered the Negative Declaration and has determined that the Final Negative Declaration is adequate and complete. 11o A Final Negative Declaration, attached hereto as Exhibit A, has been completed in compliance with CEQA and state guidelines. The City Council has received and considered the information contained in the Final Negative Declaration, 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 has found that although the proposed project could have impacts, there will not be a significant effect because mitigation measures and a mitigation monitoring program identified in the Final Negative Declaration have been incorporated into the project which mitigate any potential significant effects to a point where cleady no significant effect would occur. The mitigation measures are identified in Attachment A of the Negative Declaration and Initial Study and are adopted as findings and conditions of Resolution Nos. 99-92 and 99-93. l0 12 17 20 22 23 24 25 2? 2g 29 Resolution 99-91 Page 2 In addition, the City .Council has found that the project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources and makes a De Minimis Impact Finding related to AB 3158, Chapter 1706, Statutes of 1990. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 1st day of November, 1999. TRACY WILLS WORLEY MAYOR PAMELA STOKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, Califomia, 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. 99-91 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 1't day of November, 1999, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK EXHIBIT A Of Resolution No. 99-91 b AFT COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 s s-s oo INITIAL STUDY A. BACKGROUND Project Title: Tentative Parcel Map 99-196, Design Review 99-022 Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Minoo Ashabi Phone: 714/573-3126 Project Location: 2761 Walnut Avenue Project Sponsor's Name and Address: Wayne Siu Architects General Plan Designation: Planned Community Commercial/Business Zoning Designation: Planned Community Industrial Project Description: Subdivision of a five (5) acre parcel into two parcels of 1.89 and 3.12 acres. The larger parcel is developed with an existing office/warehouse building over 50,000 square feet in area. The smaller parcel is proposed to be developed with a new 33,141 square feet two story office building. Surrounding Uses: North: Industrial South: Industrial East: Industrial West: Industrial 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 EMA District Other B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED 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 [--1Geological Problems [~Water [~Air Quality l-]Transportation & Circulation [--IBiological Resources ~]Energy and Mineral ReSources ~]Hazards [-]Noise l--IPublic Services ~']Utilities and Service Systems ["-]Aesthetics ['-]Cultural Resources i~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. ill 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. Print Name Date Title EVALUATION OF ENVIRONMENTAL A.dPACTS 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 Califomia Resou/ces 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 conversi°n of Farmland, to non-agricultural use? IH. 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 substanhally 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 substanhal number of people? Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact '[2 [5] [5] 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 ofFish 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 ofFish 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, f'filing, hydrological interruption, Or other means? d) Interfere 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 [3 [3 [3 [3 [3 [3 Less Than Significant With Mitigation Incorporation [3 [3 [2 Less Than Significant Impact No Impact [3 [3 [3 [3 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 altemative 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 IJ Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact [3 '[3 E] [3 [3 [3 [3 [3 g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? 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 existing 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 fiver, 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 runoff?. 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 smactures 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: Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact v1 VI [3 [3 [3 vl vi [3 [3 Vl [3 [3 [5] Vl [3 [3 [3 a) Physically divide an established community? ["] [-'] ["'] ~ b) Conflict with any applicable land 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 of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundbome 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 [23 [2] [3 [3 [2] [2 Less Than Significant With MitigatiOn Incorporation Less Than Significant Impact No Impact vl [5] [5] [5] c) Displace substantial numbers of people, 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? X1V. 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 equipmen0? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? Potentially Significant Impact 0 0 Less Than Significant With Mitigation Incorporation 0 0 0 0 0 0 Less Than Significant Impact No Impact 0 0 0 0 0 0 0 0 0 '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 landf'fll with sufficient permitted capacity to accommodate the project's sohd 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 past projects, the effects of other current projects, and the effects of probable furore projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either ~ directly or indirectly? Potentially Significant Impact Less Than Significant With MitigatiOn Incorporation Less Than Significant Impact No Impact [3 [3 E] [3 V1 [3 [3 v1 Vl [3 v1 [3 [3 [3 E] ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS TENTATIVE PARCEL MAP 99-196 AND DESIGN REVIEW 99-022 BACKGROUND The "project" consists of two parts; a request for subdivision of five (5.02) acres of land into two parcels of 1.89 acres and 3.12 acres and construction of a 33,141 square foot of office building. The existing parcel is currently developed with a 50,130 square foot office/warehouse building that would be located within the 3.12 acres. The existing building is a twenty-eight (28) foot tall tilt-up concrete structure with an attached single story office building in the front facing Walnut Avenue. The two-story office building is proposed to be constructed on the 1.89 acre lot with separate access to Walnut Avenue. The new office building would be a pre-cast concrete two-story structure, 33,141 square feet in area, constructed on the eastern portion of the existing parcel adjacent to an abandoned railroad. This portion of the lot is currently undeveloped. The proposed building meets all the development standards of the Irvine Industrial Complex Planned Community Regulations, except the height, which is over the allowable twenty-five (25) feet. Buildings over twenty-five (25) feet in height require review and approval of a design review by the Planning Commission. The proposed building is thirty-one (31) feet in height and is designed with simple tilt-up concrete structure, which is typical of the surrounding buildings. The building is designed with a tall parapet to screen roof-mounted equipment. The proposed subdivision and construction is located in the Planned Community Industrial (PC-IND) zoning district known as the Irvine Industrial Complex. No zone change or amendments to the regulations of the planned community is proposed or required. 1. AESTHETICS Items a and b -"No Impact": The project site is not located on a scenic highway nor does it affect a scenic vista. Items c and d- "Less than Significant With Mitigation Incorporated": The project is located in a developed urban area and will not have a substantial adverse effect on a scenic vista nor will it substantially damage scenic resources, including, but not limited to, trees, rock outcropping, and historic buildings within a state scenic highway, nor will it substantially degrade the existing visual character or quality of the site and its surroundings. The proposed concrete tilt up building is complementary in style, scale, and materials to the surrounding industrial/office buildings. All roof-mounted equipment would be screened by a roof parapet. The parapet is designed as part of the overall building elevations. Lighting on the site is required to be directed on-site and the exterior lighting is limited to twenty feet in height to avoid glare on adjacent properties. With the implementation of the mitigation measure and the conditions of approval, impacts related Initial Study/Draft Negative Declaration Tentative Parcel Map 99-196 and Design Review 99-022 Page 1 to aesthetics will be reduced to a level of insignificance. Sources: Submitted Plans Site Observation Tustin City Code Irvine Industrial Complex Planned Community Regulations Mitigation/Monitoring Required: ge o All roof-mounted equipment shall be screened by a parapet designed inclusively with the building elevations. The parapet height shall be a minimum of six inches above the height of roof-mounted equipment. Parking lot lighting shall be designed to provide a minimum one (1) foot candle illumination in accordance with the City's Security Code. The applicant shall provide details of all proposed lighting fixtures and a photometric study showing the location and anticipated distribution pattern of light of all proposed fixtures. All new light fixtures shall be designed with the architecture of the building and designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. AGRICULTURAL RESOURCES Items a through c - "No Impact": The project is located in a developed urban area where no farm land 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 Site Observation Tustin City Code Mitigation/Monitoring Required: None Required AIR.QUALITY Items b, c, d, and e- "No Impact": The proposed building size of 33,141 square feet is less than the threshold of 96,221 square feet for small office developments for potentiallys significant air quality impacts in accordance with Table 6-2 of the Southern California Air Quality District's "CEQA Handbook". As such, the proposed project will not conflict with or obstruct implementation of any applicable air plan, violate any air quality standard, result in a cumulatively considerable increase of any criteria pollutant as applicable by federal or ambient air quality standard, nor will it expose sensitive receptors to substantial pollutant concentrations, or create objectionable odor affecting a substantial number of people. Initial Study/Draft Negative Declaration Tentative Parcel Map 99-196 and Design Review 99-022 Page 2 . o Item a- "Less than Significant With Mitigation 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's Air Quality Plan and the City of Tustin Grading Manual which includes requirements for dust control. Sources: Tustin General Code Irvine Industrial Complex Planned Community Regulations 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. BIOLOGICAL RESOURCES Items a through f- "No Impact": The project site is located within an area with no unique, rare, or endangered species of plant or animal life 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. No impacts to biological resources are anticipated. Sources.' Site Observation Tustin General Plan Mitigation/Monitoring Required: None Required CULTU-RAL RESOURCES Items a through d- "No Impact": The proposed parcel map and office building is not within an area identified as an archaeological site, nor will the establishment of the office building cause a substantial adverse change in the significance of a historical resource or archaeological resources. The project will not destroy or disturb a unique paleontological resource, human remains or a unique geological feature. SOurCeS: Irvine Industrial Complex Planned Community Regulations Tustin General Plan Mitigation/Monitoring Required: None Required Initial Study/Draft Negative Declaration Tentative Parcel Map 99-196 and Design Review 99-022 Page 3 6. GEOLOGY AND SOILS . Items a, a (iii), and c -"Less Than Significant with Mitigation Incorporation": The proposed project is located on a developed parcel with a warehouse/office building. The topography of the site is relatively flat and would require minor precise grading activity to prepare the site for new construction. 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 to the effects of a rupture of a known earthquake fault, strong seismic ground shaking, landslides, or unstable or expansive soil. Construction of the office building will require preparation of a soils report and structural calculations for the structure in accordance 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 Mitigation/Monitoring Required: A detailed soils engineering report and specifications shall be submitted to and approved by the Building Official to ensure conformance with the requirements of the Uniform Building Code and all other applicable state and local laws, regulations and requirements. Items a(i,ii,iv), b, c, d and e- No Impact: The project site is not located within an area that is subject to seiche, tsunami, volcanic hazards, landslides, or mudflows, erosion, subsidence, or expansiye soils. No unique geological or physical features are present within the area. HAZARD AND HAZARDOUS MATERIALS Items a through h - "No Impact": The proposed project will not result in significant hazards (i.e. explosion, hazardous materials spill, interference with emergency response plans, wildland fires, etc.), nor would the subdivision and office building be located within an airport land use plan, or vicinity of a private airstrip. Sources: Proposed Plans Orange County Fire Authority Initial Study/Draft Negative Declaration Tentative Parcel Map 99-196 and Design Review 99-022 Page 4 o Tustin General Plan Irvine Industrial Complex Planned Community Regulations Mitigation/Monitoring Required: None Required HYDROLOGY AND WATER QUALITY Item a, b, f, g, h, i and j -"No Impact": The proposed project is located within an area developed with warehouse and office buildings. Project runoff will be directed into existing sewer facilities and is not anticipated to violate water quality standards or discharge requirements. The project does not have the capacity to deplete groundwater supplies. The project site is not located within a flood zone and there is no potential for flooding on or off-site in the vicinity. The project will not place housing near a 100-year flood hazard or expose people or structures to risk of flooding, seiche, tsunami or mudflow. Items c, d, and e: "Less Than Si~m'fificant With Mitigation Incorporation": The project site will be graded in preparation for construction and new imperious surfaces will be added to the site to accommodate the parking lot and building. With implementation of conditions of approval that require proper grading and coordination with public drainage improvements, no impacts are anticipated. Sources: City of Tustin Grading Manual Public Works Department Orange County Health Care Agency Mitigation/Monitoring Required: 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: a) b) c) d) Catch basin/storm drain laterals/connection to existing storm drain systems; Domestic water facilities; Sanitary sewer facilities; and, Underground utility connection. · Provide a sedimentation and erosion control plan for all work related to this development. 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: Initial Study/Draft Negative Declaration Tentative Parcel Map 99-196 and Design Review 99-022 Page 5 . 10. 11. 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. LAND USE AND PLANNING Items a through c- "No Impact": The proposed facility is located in an area designated by the General Plan Land Use .Map as Planned Community Commercial/Business. The Planned Community Commercial/Business designation provides oppommities for a mixture of office and light industrial uses. Development standards for projects within the industrial complex are governed by planned community district regulations. The proposed office building is consistent with uses in the Commercial/ Business land use designation and the Planned Community regulations of the zoning district. The project will not physically divide an established community nor it conflicts with any applicable habitat conservation plan. Sources.' Tustin General Plan Irvine Industrial Complex Planned Community Regulations Mitigation/Monitoring Required: None Required MINERAL RESOURCES Items a and b - "No Impact": The proposed project will not result in loss of a known mineral resource, or availability of a locally important mineral resource recovery site delineated on the general plan or other applicable land use maps. Sources: Tustin General Plan Irvine Industrial Complex Planned Community Regulations Mitigation/Monitoring Required: None Required NOISE Items a, b, e and f-"No Impact": The project will not generate noise levels in excess of the city standard, nor will it create excessive vibration or groundbome noise. The project site is not within an airport land use plan, or within the vicinity of a private airstrip. Items c and d - "Less than Significant Impact": The proposed subdivision and office building is located within a Planned Commtmity Industrial zoning district known as the Irvine Industrial Complex. Construction may result in an less than Initial Study/Draft Negative Declaration Tentative Parcel Map 99-196 and Design Review 99-022 Page 6 12. 13: signficiant increase in short-term construction noise, however, all uses within this area are subject to the City's noise regulations and construction hours. The proposed 33,141 square feet office building would generate approximately 609 additional vehicle trips which is considered insignificant in relation to the capacity ofWalnute Avnue and adjacnet arterials. No significant increase in long-term noise levels associated with generation of vehicular traffic is · anticipated. The project is not expected to significantly increase noise levels or expose persons to noise levels in excess of standards established in the general plan, noise ordinance, or excessive groundbome vibrations, nor will it create a substantial permanent increase in the existing ambient noise levels. Sources: Tustin City Code Tustin General Plan Irvine Industrial Complex Planned Community Regulations 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. POPULATION AND HOUSING Items a, b, and c -"No Impact": The proposed office building will not increase population in the area, displace any existing housing units, or people. Sources: Submitted Plans Tustin General Plan Irvine Industrial Complex Planned Community Regulations Mitigation/Monitoring Required: None Required PUBLIC SERVICES Item a- "Less than Significant Impact": The proposed office building will not create demand for alteration or addition of government services (fire and police protection, schools, parks, etc.), where construction or alteration of such facilities could cause significant environmental impacts. There would be two (2) fire hydrants on the each of the parcels for fire accessibility. The proposed building is required to meet all the requirements of the Orange County Fire Authority. Sources; Tustin Police Department Orange County Fire Authority Initial Study/Draft Negative Declaration Tentative Parcel Map 99-196 and Design Review 99-022 Page 7 14. 15. Tustin Public Works Department Irvine Industrial Complex Planned Community Regulations Mitigation/Monitoring Required: The property owner shall maintain two '(2) fire hydrants on each of the proposed parcels. The proPosed parcels and office building shall meet all · requirements of the Orange County Fire Authority. RECREATION Items a and b - "No Impact": The proposed office building will be used for professional use. There would be no increase in the demand for neighborhood parks or recreational facilities as a result of this project. Sources: Tustin City Code Tustin General Plan Irvine Industrial Complex Planned Community Regulations Mitigation/Monitoring Required: None Required TRANSPORTATION/TRAFFIC Items a, b, c, d, e and g-"No Impact": The proposed 33,141 square feet office building would generate approximately 609 additional vehicle trips. Walnut Avenue is designated as an augmented primary roadway that will experience localized improvements to increase capacity in the future between Tustin Ranch Road and Myford Road. The proposed subdivision and the new office building have been reviewed by the City's Traffic Engineer for potential traffic impacts. No significant impacts to the circulation pattern or level of service on Walnut Avenue or adjacent areterials are anticipated. The proposed office building will not result in a change in air traffic patterns, inadequate emergency access; nor will it exceed a level of service standards established by the county congestion management agency for designed roads or highways or conflict with adopted policies, plans or programs supporting alternative transportation. Sources: Irvine Industrial Complex Planned Community Regulations Tustin City Code Tustin General Plan Mitigation/Monitoring Required: None Required Initial Study/Draft Negative Declaration Tentative Parcel Map 99-196 and Design Review 99-022 Page. 8 Item f- "Less than Significant Impact With Mitigation": As proposed the required on-site parking for each of the parcels could be accommodated for the proposed use. Access to the existing parcel is provided from Walnut Avenue. The proposed subdivision will create two lots with separate access fi'om Walnut Avenue. There would be no change to the existing building and its parking. Parking impacts were considered based on the proposed on-site parking. Consistent with the requirements of the Irvine Industrial Complex Community Regulations, each of the parcels would contain the required number of on-site parking spaces. There would be a total of 228 parking sPaces on both parcels to accommodate the office/ware house use as shown in the tables below: Use Office Use Manufacturing Warehouse Required Parking parking space per 250 square feet of gross floor area parking space per 1,000 square feet of gross floor area 1 parking space per 1,000 square feet of gross floor area for the first 20,000 square feet, 1 per 2,000 for the second 20,000 square feet of floor area. Bldg Office Warehouse Total Building Area Parking Parking Required Provided 1 9,980 s.f. 40,150 s.f. 50,130 s.f. 70 84 2 33,141 s.f. 0 s.f. 33,141 s.f. 133 133 The existing office/warehouse site has eighty-four (84) on-site parking spaces that accommodate the office and warehouse use. Considering the above ratio, fourteen (14) excess parking spaces would be available. Any furore proposals for expansion of the office use within the existing building would be required to comply with the above parking criteria. SOurCeS.' Submitted Plans Tustin City Code Tustin General Plan Irvine Industrial Complex Planned Community Regulations Mitigation/Monitoring Required: The proposed parcels are required to maintain the independent driveway access and on-site parking spaces. Building two (2) is required to provide 133 parking spaces, with a maximum of twenty percent (20%) compact spaces. Building one (1) is required to provide seventy (70) parking spaces. Any revision to the number, of parking spaces shall be in accordance with the required parking criteria stated the Planned Community Regulations. Expansion of the existing office use in Building one (1) is restricted to the Initial Study/Draft Negative Declaration Tentative Parcel Map 99-196 and Design Review 99-022 Page 9 number of excess parking spaces for that site and upon review and approval of a reviSed parking summary. There are currently fourteen (14) excess parking spaces for a total of eighty-four (84) parking spaces. 16. UTILTIES 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, waer supply, wastewater treatment, solid waste disposal are identified. SOUrCeS: Tustin City Code Tustin General Plan Mitigation/Monitoring Required: None Required 17. MANDATORY FINDINGS OF SIGNIFICANCE Items a, b and c- No Impact: The proposed project is subdivision of an exiting parcel into two parcels and construction of a two story office building. 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 related to geological problems, water quality, air quality, hazards and noise 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.' Project Application City and Agency Requirements ma:negdec-2741 walnut, doc Initial Study/Draft Negative Declaration Tentative Parcel Map 99-196 and Design Review 99-022 Page 10 ]0 ]4 20 23 24 25 27 28 RESOLUTION NO. 99-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE PARCEL MAP 99-196 TO SUBDIVIDE A 5.02 ACRE PARCEL LOCATED AT 2761 WALNUT AVENUE INTO TWO NUMBERED PARCELS FOR THE PURPOSE OF DEVELOPING A 33,141 SQURE FOOT OFFICE BUILDING. The City Council of the City of Tustin does hereby resolve as follows' I. The City Council finds and determines as follows: A. That Tentative Parcel Map 99-196 to subdivide one parcel into two parcels for the purpose of developing a 33,141 square foot office building had been filed by Wayne Siu Architects on behalf of Jersey Business Center Associates for consideration; Bo That the Planning. Commission recommended approval of Design Review 99-022, authorizing the construction of a 33,141 square foot office building; Co That a public hearing was duly called, noticed and held for said map on October 25, 1999 by the Planning Commission, and the Planning Commission recommended that the City Council approve the project; Do That a public hearing was duly called, noticed and held for said map on November 1, 1999 by the City Council; E. A Negative Declaration has been prepared for adoption for this project in accordance with the provisions of the California Environmental Quality Act (CEQA). F. That the proposed subdivision is in conformance with the Tustin Area General Plan, Tustin Zoning Code, State Subdivision Map Act and the City's Subdivision Code; G. That the site is physically suitable for the type of development proposed; Ho That the site is physically suitable for the proposed density of development; That the design of the subdivision or the proposed improvements are not likely to cause substantial enviro'nmental damage or substantially and avoidably injure fish or wildlife in their habitat; 14 l? 20 22 24 25 28 Resolution No. 99-92 TPM 99-196 November 1, 1999 Page 2 Jo That the design of the subdivision or the type of improvements proposed will not conflict with easements acquired by the public, for .access through or use of the property within the proposed subdivision; and, K, That the project has been reviewed for compliance with the Americans with Disabilities Act of 1990 and it has been determined that dedications of right-of-way to accommodate a four (4) foot wide sidewalk behind the drive aprons are necessary for compliance with the requirements of ADA. L, That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. II. The City Council hereby approves Tentative Parcel Map 99-196 to subdivide one parcel into two parcels for the purpose of developing a 33,1.41 square foot at 2761 Walnut Avenue within the Irvine Industrial Complex, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 1st day of November, 1999. TRACY WILLS WORLEY MAYOR PAMELA STOKER CITY CLERK EXHIBIT A TENTATIVE PARCEL MAP 99-196 RESOLUTION NO. 99-92 CONDITIONS OF APPROVAL GENERAL (1) 1.2 (1) 1.3 (1) 1.4 The proposed project shall substantially conform with the submitted plans for the project date stamped October 25, 1999 on file with the Community Development Department, as herein modified, or unless otherwise indicated, as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. The subject project approval shall become null and void unless permits for the proposed project are issued and substantial Construction is underway within eighteen (18) months of the date of' this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. Approval of Tentative Parcel Map 99-196 is contingent upon the .applicant and property owners signing and returning an "Agreement to Conditions Imposed" form as established by the Community Development Department. The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. SOURCE CODES (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 99-92 November 1, 1999 Page 2 MAP SUBMITTAL The subdivider shall record with appropriate agencies, Final Parcel Map '99-196 prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein. (1) 2.2 Prior to recordation of the Final Parcel Map 99-196, a reciprocal storm drain easement agreement for the benefit of Parcel 2, shall be executed and recorded subject to final approval by the City Attorney. (1) 2.3 The applicant shall comply with all Conditions of Approval identified in Planning Commission Resolution No. 3699 for Design Review 99-022. (1) 2.4 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act and the City's Subdivision Ordinance. (1) 2.5 As required by the Subdivision Map Act, the subdivider shall execute a Subdivision and Monumentation Agreement and furnish the Improvement/Monumentation Bonds as required by the City Engineer prior to recordation of the Final Map. (1) 2.6 Provide a separate 24"x36" street improvement plan, as prepared by a California Registered Civil Engineer for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited to the following: a) b) c) d) e) 0 g) h) Curb and gutter Sidewalk, including curb ramps for the physically disabled Drive aprons Street light relocation Catch basin/storm drain laterals/connection to existing storm drain systems Domestic water facilities Sanitary sewer facilities Underground utility connection 2.7 Provide a 24"x36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation. Exhibit A Resolution No~ 99-92 NoVember 1, 1999 Page 3 (1) 2.8 Provide a sedimentation and erosion control plan for all work related to this development. (1) 2.9 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. (1) 2.10 Any damage done to existing street improvements and utilities shall be repaired before acceptance of the parcel map and or issuance of a Certificate of Occupancy for the development. (1) 2.11 Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. (1) 2.12 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all federal, state and regional water quality coritrols board rules and regulations. (3) 2.13 At the time of construction of the project, current Federal Americans with Disabilities Act (ADA) requirements will need to be met at the drive aprons. This will require construction of a minimum four- (4) foot wide sidewalk behind the drive apron. The maximum cross slope of the sidewalk shall be two percent and the maximum ramp slope of the drive apron shall be ten percent. This may require dedication of additional right-of-way to accommodate the sidewalk construction. A legal description and sketch of the dedication area, as prepared by a CA Registered Civil Engineer and/or CA Licensed Land Surveyor, shall be submitted to the Engineering Div. for review and approval. FEES (1) 3.1 Within forty-eight (48) hours of approval of the subject project by the City Council, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such Exhibit A Resolution No. 99-92 November 1, 1999 Page 4 forty-eight (48) hour period that applicant has not delivered to the~ Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. ]9 20 24 2? 28 29 RESOLUTION NO. 99-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 99-022 TO CONSTRUCT A 33,141 SQAURE FEET OFFClE BUILDING ON THE PROPERTY LOCATED AT 2761 WALNUT AVENUE.' The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That a proper application, Design ReView 99-022, was filed by Wayne Siu Architects on behalf of Jersey Business Center Associates requesting authorization to construct a 33,141 square foot office building at 2761 Walnut Avenue. B. In accordance with Section V(C) of the Planned Community District Regulation for Irvine Industrial Complex, the Planning Commission is authorized to consider approval of proposals for any structure exceeding twenty five (25) feet in height. Co That said application was reviewed and considered by the Planning Commission on October 25, 1999. D= Pursuant to Section 9272 of the Tustin Municipal Code, the City Council finds that the location, size, architectural features and general appearance of Design Review 99-022 will not impair the ordedy and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: . 2. 3. 4. 5. 6. , 11. Height, bulk and area of buildings. Setbacks and site planning. Exterior materials and colors. Type and pitch of roofs. Size and spacing of windows, doors and other openings. Towers, chimneys, roof structures, flagpoles, radio and television antennae. Landscaping, parking area design and traffic circulation. Location, height and standards of exterior illumination. Location and appearance of equipment located outside of an enclosed structure. Physical relationship of proposed structures to existing structures in the neighborhood. l0 20 2! 22 24 25 26 2? 29 Resolution No. 99-93 DR 99-022 November 1, 1999 Page 2 12. 13. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. The proposed height of thirty one (31) feet would not penetrate the "imaginary surface" which is at 100 feet in height at project location as defined in the Federal Aviation Regulation Part 77 and adopted by the Airport Land Use Commission (ALUC). Ge In accordance with requirements of the California Environmental Quality Act (CEQA), a Negative Declaration has been adopted by the City Council for the project. H, That the project has been reviewed for consistency with the Air Quality Sub-Element of the City of Tustin General Plan and has been determined to be consistent or has been conditioned to be consistent with the Air Quality Sub-Element. II. The City Council hereby approves Design Review 99-022 authorizing construction of a 33,141 square foot office building at 2761 Walnut Avenue, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular, meeting of the Tustin City Council, held on the l't day of November, 1999. TRACY WILLS WORLEY MAYOR PAMELA STOKER CITY CLERK (1) (1) (1) (1) (1) (1) GENERAL EXHIBIT A DESIGN REVIEW 99-022 RESOLUTION NO. 99-93 CONDITIONS OF APPROVAL 1.1 1.2 The proposed project shall substantially conform with the submitted plans for the project date-stamped October 25, 1999, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director may also approve minor modifications to the plans if such modifications are determined to be consistent with the approved plans. 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. 1.4 Design Review approval shall become null and void unless all building permits are issued within eighteen (18) months of the date of this Exhibit and substantial construction is underway. 1.5 The applicant and property owner shall sign and return an Agreement to Conditions Imposed form prior to issuance of building permits. 1.6 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of the City's approval of the entitlement process for this project. (1)' 1.7 Modifications to Design Review 99-022 may be considered by the Planning Commission. The applicant shall comply with all conditions contained in Resolution No. 3698 pertaining to Tentative Parcel Map 99-196. SOURCE CODES (2) (3) (4) STANDARD CONDITION CEQA MITIGATION REQUIREMENTS UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 99-93 November 1, 1999 Page 2 PLAN SUBMITTAL (3) 2.1 Indicate on the title sheet the applicable codes, City, state and federal laws and' regulations to include: · 1997 Uniform Building Code with California Amendments · 1997 Uniform Mechanical and Plumbing Codes with Amendments' · 1996 National Electrical Code with California Amendments · City of Tustin Grading and Security Ordinance · City of Tustin Landscaping and Irrigation Guidelines · City of Tustin Private Improvements Standards California (1) 2.2 A detailed soils engineering report and specifications shall be submitted to and approved by the Building Official to ensure conformance with the requirements of the Uniform Building Code and all other applicable state and local laws, regulations and requirements. (1) 2.3 At plan check, submit four (4) sets of construction plans. If applicable provide two (2) sets of structural calculations and Title 24 energy calculations prepared be a licensed engineer/architect. No field changes shall be made without corrections submitted to and approved by the Community Development Department. (1) 2,4 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. (4) 2.5 All materials, styles and colors shall be consistent with the noted materials on the plans and the submitted material sample board. (4) 2.6 All roof-mounted equipment shall be screened by a parapet designed inclusively with the building elevations. The parapet height shall be a minimum of six inches above the height of roof-mounted equ!pment. (4) 2.7 Parking lot lighting shall be designed to provide a minimum one (1) foot candle illumination in accordance with the City's Security Code. The applicant shall provide details of all proposed lighting fixtures and a photometric study showing the location and anticipated distribution pattern of light of all proposed fixtures. All new light fixtures shall be designed with the architecture of the building and designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Exhibit A Resolution No. 99-93 November 1, 1999 Page 3 (4) 2.8 In addition to the light poles, ground mounted pedestrian lighting shall be provided at the main entrance. (4) 2,9 Submit a revised south elevation with proposed sign subject to final approval of the Community Development Department. If no sign is proposed a symmetrical window arrangement shall be provided for the south elevation. All signs require review and approval by the Community Development Department prior to installation. 2. o Provide elevations of the trash enclosure and provide dimensions of size, height, setbacks, colors and materials. Provide information on the proposed gate. The trash enclosure shall be installed with solid metal, self-closing, self-latching gates. The design of the trash enclosure shall be at least six (6) feet in height and comply with the Great Western Reclamation standards. The trash enclosure shall have materials consistent with the buildings. The trash enclosure size shall have the ability to accommodate the City's recycling program. USE RESTRICTIONS (4) 3.1 ' The proposed parcels are required to maintain independent driveway access and on-site parking spaces. The proposed building is required to provide 133 parking sPaCes, with a maximum of twenty.percent (20%) compact spaces. The existing building is required to provide seventy (70) parking spaces. Any revision to the number of parking spaces shall be in accordance with the required parking criteria stated the Planned Community Regulations. Expansion of the existing office use in the existing building may be considered upon review and approval of a revised parking summary. LANDSCAPING (6) 4.1 At Building Plan Check, complete detailed landscaping and irrigation plans shall be submitted for the upgrade of all landscaped areas on the site consistent with adopted City of Tustin Landscaping and Irrigation Guidelines Submittal Requirements to the greatest extent feasible, as determined by the Community Development Department. These plans shall include the following: a. b. A combination of planting materials shall be used in all landscape areas. Ground covers shall be planted between eight (8) and twelve (12) inches on center. Exhibit A Resolution No. 99-93 November 1, 1999 Page 4 C, d, eo g, h. k, All plant materials shall be installed in a healthy vigorous condition typical to the species and landscaping must be maintained in a neat and healthy condition. This will include but not be limited to trimming, mowing, weeding, removal of litter, fertilizing, regular watering or replacement of diseased or dead plants. All newlY planted trees shall be staked in accordance with the City's Landscaping and Irrigation Guidelines. Plant materials shall be chosen and located to promote water and energy conservation. Provide summary table applying indexing identification to plant material in their actual location. The plan and table must list botanical and common names, sizes, spacing, actual location and quantity of the plant materials proposed. Note on plans that the Community Development Department may request minor substitutions of plant materials during plan check. Show planting details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing and coverage. Details for all equipment must be provided. Note on landscaping plan that coverage of landscaping irrigation materials is subject to field inspection at project completion by the Community Development Department. Show all property lines on the landscaping and irrigation plan, public right-of-way areas, sidewalk widths, parkway areas and wall locations. Six (6)inch raised concrete curbs shall be placed on-site adjacent to all landscape planting areas, unless approved otherwise by the Community Development Department. The entire area within thirty (30) foot front setback along Walnut Avenue except the vehicular and pedestrian access shall be landscaped. The proposed lunch area shall be redesigned to meet this requirement, subject to final approval by the Community Development Department. Exhibit A Resolution No. 99-93 November 1, 1999 Page 5 I, - Specifications for the proposed vine columns shall be provided including the height and potential mass. Location and design of the columns are subject to final approval of the Community Development Department and the City Traffic Engineer. m. Trees shall be minimum fifteen (15) gallon in size, provided at least one (1) per each five (5) parking stalls. n. The location of the irrigation electronic controller shall be shown on the landscape and irrigation plans. The location shall take into consideration the potential for vandalism and should be screened from view by architectural elements. ORANGE COUNTY FIRE AUTHORITY Fire Hydrants: The property owner shall maintain two (2) fire hydrants on each of the proposed parcels. The proposed parcels and office building shall meet all requirements of the Orange County Fire Authority. (5) 5.2 Prior to the issuance of a building permit, the applicant shall submit a fire hydrant location Plan for the review and approval of the Fire Chief. (5) 5.3 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. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. (5) 5.4 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. Water Availability: (5) 5.5 Prior to the issuance of a building permit, the applicant shall provide evidence of adequate fire flow. The Orange County Fire Authority Water Availability for Fire Protection form shall be signed by the applicable Exhibit A Resolution No. 99-93 -November 1, 1999 Page 6 water district and submitted for approval to the Orange County Fire Authority. Automatic Fire Sprinkler System: (5) 5.6 Prior to issuance of a building permit, the applicant shall submit plans for the required automatic fire sprinkler system in any structure to the OCFA for review and approval. (5) 5.7 Prior to the issuance of a certificate of use and occupancy, the automatic fire sprinkler system shall be operational in manner meeting the approval of the Fire Chief. ,Fire Access Roads: (5) 5.8 Prior to the issuance of any building permit, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on site. (5) 5.9 Street signs: A note shall be placed on the fire protection access easement plan indicating that all street/road signs shall be designed and maintained to be either internally or externally illuminated in a manner meeting approval of the Fire Chief. Street Markings: (5) 5. 0 Prior to the.issuance of a building 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. (5) Prior to the issuance of any certificate of use and occupancy, 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 provisions which prohibit parking in the fire lanes. The method of enforcement shall be documented. Combustible Construction Letter: (5) 5.12 Prior to issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for Exhibit A Resolution No. 99-93 November 1, 1999 Page 7 fire-fighting purposes and the all weather fire protection access roads shall be in place and operational before any combustible material is placed on-site. NOISE (1) 6.1 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. FEES (1) 7.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. ao Building plan check' and permit fees to the Community Development Department based on the most current schedule. bo Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. C. Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department at the time a building permit is issued. The current fee is $3.09 per square feet of building area. d, Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees at the time a building permit is issued. The current fee is $675/1000 square feet of building area. eo New development tax in the amount of $0.10 per square foot of gross floor area. f. School facilities fee in the amount of $0.31 per square foot. g. Transportation System Improvement Program (TSIP), Benefit Exhibit A Resolution No. 99-93 November 1, 1999 Page 8 h, Area "B" fees in the amount of $3.31 per square foot of new or added gross square floor area of construction or improvements to the Community Development Department. Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to'the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of $38.00 (thirty eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above- noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.