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HomeMy WebLinkAbout02 ZC 98-006 DR 98-036 11-01-99 ii 'NOVEMBER 1, 1999 inter-Oom NO. 2 11-1-99 · FROM' SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT PUBLIC HEARING FOR ZONE CHANGE 98-006 (ORDINANCE NO. 1224) AND DESIGN REVIEW 98-036 SUMMARY: Zone Change (ZC) 98-006 (Ordinance No. 1224)and Design Review 98-036 is a request to amend the Newport Warren Planned Community Regulations to change the zoning designation of the .72-acre property located at 12569 Newport Avenue from "Residential Single Family - Garden Office" to "Garden Office" for the purpose of developing a 4,777 square foot and a 2,726 square foot medical/dental office building and site improvements. A Negative Declaration was prepared and circulated for this project in conformance with the requirements of the California Environmental Quality Ack On September 27, 1999, the Planning Commission recommended that the City Council approve this projeca Applicant/Property Owner: Dennis Claus, [Vestgate Properties RECOMMENDATION That the City Council take the following actions: 1. Adopt Resolution No. 99-90 approving the final Negative Declaration for the project; . Introduce and have the first reading of Ordinance No. 1224 approving Zone Change 98-006 and set for second reading at the Council's next schedUled meeting. 3. Adopt Resolution No. 99-95 approving Design Review 98-036. FISCAL IMPACT The zone change is an applicant initiated project and the applicant has paid the application fees associated with the processing of the application. City Council Report ZC 98-006 November 1, 1999 Page 2 ENVIRONMENTAL An Initial Study/Negative-Declaration was prepared for this project (See Exhibit A of Resolution 99-90). Notice of the Negative Declaration public comment period was provided from September 17, 1999, through October 7, 1999. No significant impacts were identified and no public comments were received. BACKGROUND The project site is comprised of three parcels, totaling 31,550 square feet, located on the west side of Newport Avenue between Warren and the northerly City limits (see Attachment A and Attachment B, Lots 1, 2, and 3). The parcels were previously developed with single family residences while under Orange County's jurisdiction which were vacated and removed. The parcels were annexed to the City of Tustin in 1990 as part of an eight acre annexation known as the Newport-Warren annexation. These three parcels are currently vacant and are the last to be developed within the Newport Warren Planned Community District area. The uses surrounding the site include multi-family residential and single-family residential to the east across Newport Avenue, commercial to the north, single family residences to the west, and a dental office to the south. The Newport Warren Planned Community regulations do not allow medical/dental offices within the "Residential Single Family-Garden Office" district. The proposed Zone Change would modify the land use designation for the subject site from "Residential Single Family- Garden Office" (RSF-GO) to "Garden Office" (GO), which would allow the establishment and operation of medical and dental offices. At their meeting on September 27, 1999, the Planning Commission recommended approval of the zone change and proposed development by adopting Resolution Nos. 3690, 3691 and 3692. (See Attachment B) DISCUSSION Zone Change The Newport Warren Planned Community Regulations include two land use classifications. The "Residential Single Family-Garden Office" district permits' the least intensive uses (primarily residential), but also includes general office uses subject to the -approval of a conditional use permit. The "Garden Office" district permits more intensive uses and allows general' office and medical/dental office uses as outright permitted uses. Existing designations are shown on Attachment C (Lots 1,2, and 3). If approved, the City Council Report ZC 98-006 November 1, 1999 ' Page 3 proposed Zone Change would change the zoning from "Residential Single Family-Garden Office"to "Garden Office". Both districts are the same as those previously established under county jurisdiction,, prior to the area being annexed to the City. In November 1996, the zoning distdct of the parcel south of the project site was changed from "Residential Single Family-Garden Office"to "Garden Office" to allow for the construction of a dental office. The fourteen (14) other parcels within the Newport Warren Planned Community are developed and zoned "Garden Office". The zone change would eliminate the "Residential Single Family-Garden Office" zoning designation from the Newport Warren Planned Community. Such a change would be more consistent with the zoning of the other parcels within this Planned Community and more compatible with the commercial and office uses along the west side of Newport Avenue. While office uses are conditionally, permitted, in the "Residential Single Family-Garden Office" district and permitted in the. "Garden Office" district, the Newport Warren Planned' Community regulations include development standards and design guidelines to ensure compatibility between proposed projects and the existing community. In addition, the proposed zone change would be consistent with the Land Use of the General Plan which designates the project site as Planned Community Commercial Business which provides for development of commercial and office uses. A decision to approve the zone change is supported by the following findings: . The proposed zone change from "Residential Single Family- Garden Office" to "Garden-Office" to allow for medical/dental office use is consistent with the Tustin General Plan' in that the site is located within a Planned Community Commercial/Business land use designation which provides for medical/dental office uses. . Amending the existing zoning to the "Garden Office" zoning designation provides a larger, more logical and cohesive zoning designation combined with the other lots within the Newport Warren Planned Community. . The "Garden Office" zoning designation is compatible with the commercial character of the Newport Warren Planned Community and the Newport Warren Planned Community Regulations ensure compatibility with adjacent residential uses.. . The zone change is compatible with the development of the adjacent parCel to the south and with the types of developments on the west side of this area of Newport Avenue. City Council Report ZC 98-006 November 1, 1999 Page 4 Design Review Site Plan Two °ut of the three lots which comprise the project site do not meet the minimum lot size for development in-accordance with the Newport Warren development standards. The proposed development requires that these three lots be combined into one lot via a parcel map. Condition 1.4 of Resolution 99-95 requires the final parcel map, combining the lots, to be recorded with the County prior to the issuance of building or grading permits. The proposal includes the construction of a 4,770 square foot and a 2,726 square foot medical/dental office building on the site on the west side of Newport Avenue, north of Warren Avenue. The larger of the two, one-story buildings would be located on the largest parcel at the southerly portion of the site. The smaller building would be located on the northerly parcel with a parking lot and site access located between the two buildings. The two buildings would be located an average of 20 feet from the front property line on Newport Avenue. The larger building is setback ten (10) feet from the west property line and ten (10) feet from the south property line. The front entrances to the buildings face into the parking lot located between the two structures. The smaller building is setback ten (10) feet from the northwest property line and ten (10) feet from the north property line. The proposed height and setbacks comply with the applicable development standards (see Attachment E - Site' Plan and Floor Plans). An existing six (6) foot drainage and utility easement is located within the setback area along the nOrth property line. The sewer line and drainage swale services the county residential development west of the project site. The proposed development would create a "tunnel" effect around the exposed drainage swale between the building and the perimeter wall. The Planning Commission was concerned about the exposure of the swale and though.t that the swale should be covered. Condition 5.8 has been included to require the applicant to work with the Public Works Department to address issues related to the drainage swale. Traffic, Access and Parking The City's Traffic Engineer has reviewed the proposed project and traffic study and determined that the project would result in an insignificant increase in traffic (see the Draft Negative Declaration - Exhibit A of Resolution No. 99-90). Access to the site is proposed from one 27 foot wide driveway located on Lot 3 on Newport Avenue and would be shared by both buildings. One off street-parking space for every 250 square feet is required for medical/dental uses in the first 4,000 square feet of each building. The excess 773 square feet above 4,000 square feet in the southerly building shall be parked as medical/dental (6:1000) or general City Council Report ZC 98.006 November 1, 1999 Page 5 office (.1:250). If the excess square footage is parked as medical/dental, the total off-street spaces required is 32. If the excess is parked as general office, the total off-street spaces .required is 31. The applicant has proposed a total of 31 parking spaces, of which two (2). are disabled parking spaces and nine (9) are compact. Condition 4.1 requires that the I~lans be-revised show that 773 square feet of the larger building be used as general office to accommod'~te the 31 parking spaces provided. To ensure that there are not any future parking problems associated with this project, Condition 4.3 is included requiring the applicant to provide a deed restriction to ensure sufficient parking for the Proposed distributiOn of medical/dental and general office. Condition 4.4 is included requiring that the applicant provide a revised parking analysis, if at any time in the future a parking problem exists at the subject site. Architecture The proposed architecture, materials and colors for the project are intended to emulate the scale and appearance of a single family residence.' The larger building has a maximum height of 18 feet and the majority of the smaller building has a height of 18 feet with 20 foot and 22 foot high tower elements. The taller tower element emphasizes the entry and the shorter tower is an architectural feature in the design of the east and north elevations (see Attachment E - Elevations). The exterior facades of the buildings are a combination of stucco and ledgestones placed in a random pattem, and .pre-cast concrete features (i.e. quoines around the columns, window sills and ornamental keys above the'wir~dows). These materials will be continued on both the front elevations and the side elevations facing Newport Avenue. The roof material is a fiat concrete tile made by Monier which is common for residential use. The Newport Warren Planned Community Regulations strongly encourage the height of parking lot light fixtures to be limited to ten (10) feet in height, to be compatible with the areas residential character. Conditions 2.11.2 and 2.11.3 have been included in Resolution 99-95 to limit the height of parking lot lighting to a maximum of ten (10) feet and confine light rays to the site. Landscaping The NewpOrt Warren Planned Community Regulations include specific development standards to ensure commercial development remains co'mpatible with the existing surrounding residential uses. Generally, the proposed landscaping is in compliance with the development standard (see Attachment E - Landscape Plan). However, an eight (8) foot wide landscape buffer between the development and any adjacent residential uses and a minimum six (6) foot eight (8) inch high solid masonry wall to be installed along the site boundaries to buffer the development from these residences has not been provided as required by the development standards. City Council Report ZC 98-006 November 1, 1999 Page 6 The applicant has proposed a landscaped buffer along the rear property line which ranges in depth from two (2) feet to ten (10) feet wide. However, at the Planning Commission meeting, the applicant indicated they would be able to redesign the site plan and landscape plan to accommodate the required landscape buffer. Condition 2.12.2 has been included requiring a minimum eight (8) foot wide landscape buffer. L~ri A~l~udi ' (' // Associate Plan'fi'er Elizabeth A. Bins~ck Community Development Director ccreportzc98-.OO6.doc Attachments: A - B- Cm Location Map Planning Commission Minutes and Planning Commission Resolution Nos. 3690, 3691, and 3692 Existing Zoning Designations Resolution No. 99-90 and 99-95/Ordinance No. 1224 Site Plan Floor Plan Elevations Landscape Plan ATTACHMENT A LocatiOn Map LOr"-\TiON 12421 372 EUNICE PL, WARREN AV. DR. 12711 12721 1274.1 NO SCALE ATTACHMENT B Planning Commission Minutes and Planning Commission Resolution Nos. 3690, 3691, and 3692 MINUTES ~ 'r TUSTIN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 27, 1999 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Kawashima ROLL CALL: Commissioners: Present: Chairperson Kozak Vice Chair Davert Bell Kawashima Pontious Abseht: None Staff: Elizabeth A. Binsack; Director of Community Development Lois Bobak, Deputy City Attorney Karen Peterson, Acting Senior Planner Lori Ludi, Associate Planner Justina Willkom, Associate Planner Douglas Anderson, Senior Project Manager- Traffic Kathy Martin, Recording Secretary PUBLIC CONCERNS: No Public Concerns were expressed. CONSENT CALENDAR: 1. Minutes of the September 13, 1999 Planning Commission Meeting. Commissioner Davert moved, Commissioner Pontious seconded, to approve the minutes. Motion carried 4-0. Commissioner Kawashima abstained due to his absence at the September 13, 1999 meeting. PUBLIC HEARINGS: . ZONE CHANGE 98-006 AND DESIGN REVIEW 98-036 a request to change the zoning designation from Residential Single Family- Garden Office to Garden Planning Commission M! September 27, 1999 Page 2 Office within the Newport Warren Planned Community on a .72- acre site and authorization to construct a 4,770 square foot one-story medical/dental office building and a 2,726 square foot one-story medical/dental office building. The project is located at 12569 Newport Avenue with the Planned Community zoning district. APPLICANT: PROPERTY OWNER: DENNIS CLAUS WESTGATE PROPERTIES DENNIS CLAUS WESTGATE PROPERTIES RECOMMENDATION . Adopt Resolution No. 3690 recommending approval of the environmental documentation for the project. . Adopt Resolution No. 3691 recommending that the City Council approve Zone Chahge 98-006. . Adopt Resolution No.. 3692 recommending approval of Design Review 98-036. The Public Hearing opened at 7:02 p.m. Lori Ludi presented the subject report. Commissioner Davert noted that the zone change would eliminate spot zoning much like Dr. Belden's project and asked Doug Anderson if compact spaces were still allowed. Doug Anderson responded that compact spaces were still allowed. Chairperson Kozak asked about'the setback alternatives available to the applicant without requesting a variance. Lori Ludi replied that one alternative would be to switch the locations of the handicap parking space and the trash enclosure which would allow a larger buffer. Hal Woods, architect, stated that he finds the conditions of approval acceptable and noted that they prefer to keep the trash enclosure farther away from the residential area. He further stated that they lost two (2) parking spaces with the easement on the north side of the prOperty. Planning Commissior September 27, 1999 Page 2 ~tes ; Office within the Newport Warren Planned Community on a .72 - acre site and authorization to construct a 4,770 square foot one-story medical/dental office building and a 2,726 square foot one-story medical/dental'office building. The project is located at 12569 Newport Avenue with the Planned Community zoning district. APPLICANT: PROPERTY OWNER: DENNIS CLAUS WESTGATE PROPERTIES DENNIS CLAUS WESTGATE PROPERTIES RECOMMENDATION . Adopt Resolution No. 3690 recommending approval of the environmental documentation for the project. . Adopt Resolution No. 3691 recommending that the City Council approve Zone Change 98-006. , Adopt Resolution 'No. 3692 recommending approval of Design Review 98-036. The Public Hearing opened at 7:02 p.m. Lori Ludi presented the subject report. Commissioner Davert noted that the zone change would eliminate spot zoning much like Dr. Belden's project and asked Doug Anderson if compact spaces were still allowed. Doug Anderson responded that compact spaces were still allowed. Chairperson Kozak asked about the setback alternatives' available to the applicant without requesting a variance. Lori Ludi replied that one alternative would be to switch the locations of the handiCap parking space and the trash enclosure which would allow a larger buffer. Hal Woods, architect, stated that he finds the conditions of approval acceptable and - noted that they prefer to keep the trash enclosure farther away from the residential area. He further stated that they lost two (2) parking spaces with the easement on the north side of the property. Planning Commission Mi September 27, 1999 Page 3 Chairperson Kozak asked the applicant if the easement covers the open drainage swale and asked if the applicant would cover the swale and have the development go all the way to the property line. Hal Woods stated that the easement does cover the open drainage swale but actually moved the building back five feet further than what the code requires on the north' property line to give the City's maintenance department the ability to service the easement in the future. Doug Anderson noted that the easement currently drains the private property in the county and conveys water to Newport Avenue and there is a sewer line underneath that serves the residential properties. He further stated that there does not appear to be a need to cover the swale. Chairperson Kozak stated his concern about the aesthetics of two block walls. Millard Black, 1342 Cameron Lane, stated that the easement runs through his property and the water comes down through his property and poses a mosquito hazard. Bruce Junor, Foothill Communities, presented a letter from Foothill Communities to the Commission and stated that the City should not.rezone the property and continue to maintain the zoning in the North Tustin Specific Plan. Commissioner Davert asked staff if the property is under the jurisdiction of the North Tustin Specific Plan. The Director stated that the Newport-Warren Planned Community Regulations are the zoning for the property. Dennis Hamilton, 18681 Eunice Place, stated his concerns with the rezoning; placement of air conditioning on the roof and stated he liked the design. The Director stated that in Resolution No. 3692, Condition 2.10.8 requires that anything that is roof-mounted be screened and Condition 2.10.12 requires' that any rooftop equipment including vents and .exhaust shall comply with the City of-Tustin Noise Ordinance. Commissioner Davert asked if there was on-street parking along Newport Avenue at that point. Doug Anderson responded that there is no on-street parking at that point on Newport Avenue. Nancy Hamilton, 18681 Eunice place, expressed her concerns with the rezoning of the property and adequate landscaping. Planning Commissio' September 27, 1999 Page 4 ~utes Commissioner Davert asked if a two or three story development would be alloWed if the zoning remained the same and noted his belief that the conditions of approval address the issue of landscaping. The Director replied that the maximum height permitted would be thirty five feet (35') which would permit a two story development and noted that Condition 2.12.3 would require the final landscape plan be reviewed and approved by Community Development Department staff. Dennis Claus, applicant, stated that he believes Hal Woods did a terrific job designing the project to fit into the community and thanked the Planning Commission for their considerati°n. The Public Hearing closed at 7:36 p.m. Commissioner Davert noted that the zone change makes the zoning consistent and is pleased to see the lot consolidation..He further noted'his concerns i'n regards to the eight foot (8') buffer issue and does not wish to see the trash enclosure relocated. . Commissioner Pontious stated her agreement with Commissioner Davert and noted the building is inline with the original zoning and her wish to look at changing the parking configuration to enable the applicant to provide an eight foot (8') buffer. Commissioner Kawashima noted his concern with moving the handicap parking space. The Director noted that Title 24 requires direct accessibility to the building or the closest 'location needs to be provided for disabled access. Commissioner 'Bell stated that she shares the same concerns of the other Commissioners. The Director stated other alternatives available to the applicant include: reduce the overall square footage of the buildings so that additional parking would not be required or request a minor adjustment which would allow a twenty percent reduction in parking. Chairperson Kozak asked for the applicant to address.the possibility of reducing the size of the southerly building. The Director noted that the applicant can either reduce the size or increase the general office area which is a reduction in parking ratio as well. The Director stated that the Commission would need to continue the hearing to allow staff time to notice a minor adjustment or variance. Planning cOmmission Mir September 27, 1999 Page 5 Chairperson Kozak stated his wish to eliminate the easement "tunnel". Commissioner Davert stated the Commission is not willing to compromise on the buffer and asked the applicant if they were amenable to a continuance. Hal Woods, architect, discussed changes to the parking layout while referring to the overhead. The Director noted that Resoluti°n No. 3692 requires the eight foot (8') wide landscape buffer and stated her desire to avoid site planning at the public hearing because sometimes, without realizing it, Variances are approved. She further noted that if the conditions are left as they are, staff can look at the modifications, which are relatively minor. If the applicant is able to accomplish this then it can be appi'0ved at staff level, if the applicant is not able to accomplish the buffer, they can request a minor adjustment before the zoning administrator or bring a variance request to the Commission. Hal Woods, architect, noted that the property does not drain into the channel and he is concerned about the costs to the applicant. Commissioner Davert noted that the project may exacerbate the problem by creating the tunnel effect. The Director suggested that the Public Works Department determine what responsibilities the City and developer have in that regard. The meeting recessed at 7:56 p.m. The meeting reConvened at 8:04 p.m. The Director noted that there were concerns of creating a tunnel effect with an additional wall on the northerly property line and noted that there will be somewhat because of the location of the building but there will not be an additional wall constructed there. Chairperson Kozak asked if staff discussed covering the concrete swale. The Director stated that the issue could be included as a condition for th'e Public Works Department and the developer to look into but is really a larger issue than the application before the Commission this evening. Chairperson Kozak requested that a condition be included to address the covering of the swale and wrought iron fencing be installed. Hal Woods, architect, noted that the wrought iron fencing was done for Dr. Belden's project and could also be used for this project. He further stated that Mr. Claus believes Planning Commissi¢ September 27, 1999 Page 6 lutes they can reduce the building size from 2,700 square feet to 2,500' square feet which would allow the eight foot buffer along the residential. Chairperson Kozak noted that in the modifications, he wished to ensure that the trash enclosure remain where it is located. Commissioner. Davert noted that there may be concerns with Public Works' ability to access where the fencing is located. Lois Bobak, Deputy City Attorney, noted that as long as Public Works has access without destroying the fencing, then it will not be a problem. Hal Woods, architect, noted that a man gate would be installed on either side. Commissioner Davert' moved, Commissioner Pontious seconded, to adopt Resolution No. 3690 recommending approval of the .environmental documentation for the project. Motion carried 5-0. Commissioner Davert moved, Commissioner Pontious seconded, to adopt Resolution No. 3691 recommending that the City Council approve Zone Change 98- 006. Motion carried 5-0. Commissioner Davert moved, Commissioner Pontious seconded, to adopt Resolution No. 3692 recommending approval of Design Review 98-036 amended as follows: Condition 2.9.10 be modified to include second sentence "A wrought iron gate shall be provided to secure the drainage easement subject to the satisfaction of the Public Works Director." Condition 5.8 be added to read: "The applicant shall work with the Public. Works Department to address issues related to the drainage swale subject to the approval of the Public Works Director. Motion carried 5-0. . Draft o. 1222- Density Bonus Ordi s Density Bonus Ordinance is rovide incentives for of housing for very Iow, lower income or senior eholds in with Sections 65915 and 65917 of the California Gow In enacting this ordinance, it is the intent of the City of Tustin to fa( of affordable housing and to implement the goals, and policies ;ity's Housing Element. The Planning Com may modify the proposed as a result of the public h 2' ]! 14 20 23 24 RESOLUTION NO. 3690' A RESOLUTION OF THE PLANNING COMMISSION OF THE CiTY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL-OF THE CITY OF TUSTIN FIND THE NEGATIVE DECLARATION ADEQUATE FOR' ZONE CHANGE 98-006 AND DESIGN REVIEW 98-036 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows:- A. That Zone Change 98-006 and Design Review 98-036 are considered "projects" pursuant to the terms of the California Environmental Quality Act; and B. . A draft Negative Declaration has been prepared for this project and has been distributed for public review from September 17, 1999 to October 7, 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. Do The Planning Commission has evaluated the proposed draft Negative Declaration prior to recommending action on the project: I1. A draft 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 Negative Declaration prior to recommending approval of the proposed project, and finds that it adequately discusses the environmental effects of the proposed project. Further, the Planning Commission finds the project involves no potential' for any adverse effects, whether individually Or cumulatively, on wildlife resources; and, therefore, recommends that the City Council make a De Minimis Impact finding related to. the California State Department Fish and Game Code Section 711.4. ]0 ]2 ]3 15 16 19 20 2] 22 23 24 26 27 Resolution 369 Page 2 PASSED AND ADOPTED at a regular meeting Commission, held on the 27th day of September, 1999. of the Tustin Planning ,/~_ ~;15'~/¢1~N V. KOZAK Chair'pe'rson LI~~~BETH A. BINSACI~ .... 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, California; that Resolution No. 3690 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on'the 27th day of September, 1999. ELIZABETH A. BINS-ACK - Planning Commission Secretary 29 ]0 ]7 ]9 20 2.2 23 24 28 29 RESOLUTION NO. 3691 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 98-006, AMENDING NEWPORT WARREN PLANNED COMMUNITY DISTRICT REGULATIONS TO CHANGE THE ZONING DESIGNATION OF THE PROPERTY LOCATED AT 12569 NEWPORT AVENUE FROM RESIDENTIAL SINGLE FAMILY- GARDEN OFFICE TO GARDEN OFFICE. The Planning Commission does hereby resolve as follows: !. The Planning Commission finds and determines as follows: Ao That a proper application was filed for Zone Change 98-006 to amend the Newport Warren Planned Community District Regulations. to change the zoning designation of the property located at 12569 Newport Avenue from Residential Single Family-'Garden Office to Garden Office. S. That a public hearing was duly cailed,.noticed and held on said application on September 27, 1999 by the Planning Commission. Co That the Proposed Zone Change 98-006 is consistent With the policies of the General Plan and that the zone under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general 'welfare of the persons residing or working in the neighborhood of the project site, nor be injurious .or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by the following findings: (a) The proposed zone change from "Residential Single Family- Garden Office" to "Garden Office" to allow for medical/dental office use is consistent with the Tustin General Plan in that the site is located within the Community Commercial land use designation which provides for medical/dental office uses (b) Amending the existing zoning to the "Garden Office" zoning designation provides a larger, more logical and Cohesive zoning designation combined with the' other lots within the Newport Warren Planned Community. (c) The Garden Office zoning designation is compatible with the commercial character of the Newport Warren Planned Community and the Newport Warren Planned Community Regulations ensure compatibility with adjacent residential uses. ]! !2 !3 ]4 ]5 !6 !? !8 20 2! 23 24 26 27 Resolution No. 3691 Page 2 II. (d) The zone change is compatible with the development of the adjacent parcel to the south and with the types of developments on the west side of this area of Newport Avenue. D. A Negative Declaration has been prepared and recommended for adoption this project in accordance with the provisions of the California Environmental Quality Act (CEQA). The Planning Commission hereby recommends that the City Council approve Zone Change 98-006 amending the Newport Warren Planned Community Zoning Map, attached hereto as Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 27th day of September, 1999. ELIZABETH A. BINSACK planning Commission Secretary STATE oF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) /~'~"I'~N V. KOZAK Chaifl~rson I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3691 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of SePtember, 1999. ELIZABETH A. BINSACK Planning Commission Secretai7 PL.~NNED COMMU1. .h/ DEVELOPMENT Parcel Index / / EXT-IIB IT ~ Pa 9e 20, Lot No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Assessor's Parcel 401-191-30 401-191-31 401-191-29 401-181-22 401-181-51 401-181-52 401-211-35 401-211-36 401-21149 401-211-67 401-211-65 401-211-57 401-211-64 401-211-59 401-211-53 401-211-21 401-211-15 LEGEND MNN Ga~:den Office GO 35 GO 45 NOT TO SCALE BASE DISTRICI' GO 45 MA.'<IMUM ItEIGI4'i' LIMII'F Il' l0 ]4 ]7 20 2! 22 23 24 25 26 28 RESOLUTION NO. 3692 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING APPROVAL OF 'DESIGN REvIEw 98-036 TO THE CiTY COUNCIL FOR CONSTRUCTION OF TWO SINGLE-STORY MEDICAL/DENTAL OFFICE BUILDINGS ON THE PROPERTY LOCATED AT 12569 NEWPORT AVENUE. The Planning Commission of the City of Tustin does hereby resolve as followS: I. The Planning Commission finds and determines as follows: A. That a proper application for Design Review 98-036 was filed by Dennis Claus of Westgate Properties requesting approval to construct two single- story medical/dental office buildings, at the property located at 12569 Newport Avenue. .. B. That said application was reviewed and considered by the Planning Commission on September 27, 199~. C. Pursuant to Section 9272 of the Tustin Municipal Code, the COmmission finds that the location, size, architectural features and general appearance of Design Review 98-036 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: 1. Height, bulk and area of buildings. 2. 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. l0 ]4 20 22 23 24 Design Review 98-036 Resolution No. 3692 September 27, 1999 Page 2 Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of .proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. '. 13. Proposed signage. 14. Development Guidelines and criteria as adopted by the. City Council. D. That the project has been reviewed for cor~pliance 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. Also, the existing five- (5) foot wide sidewalk along, the frontage of this development will require removal and construction of an eight- (8) foot wide sidewalk. This construction will require dedication of three-(3) feet of additional right-of-way along the entire Newport Avenue frontage to meet current City standards and ADA requirements. e. 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 Planning Commission hereby approves .Design Review 98-036 for cOnstruction of' two single-story medical/dental office buildings at the property located at 12569 Newport Avenue, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 27th day of September, 1999. II ELIZABETH A. BINSACK 29 II Planning Commission Secretary ' ,/Sf~ EN V.' KOZAK Chairperson ]4 ]5 20 22 23 24 ?-5 26 2? STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, he'reby certify that I am the Secretary of the Planning Commission of the City of Tustin, Califomia; that Resolution No. 3692 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of September, 1999. Planning Commission Secretary EXHIBIT A DESIGN REVIEW 98.036 CONDITIONS OF APPROVAL RESOLUTION NO. 3692 i.O GENERAL (1) i.1 (1) 1.2 The proposed project shall substantially conform with the submitted plans for the project date-stamped September 27, 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. ; 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) 1.3 Approval of Design Review 98-036 is contingent upon approval by the City Council of Zone Change 98-006. (1) 1.4 A Tentative Parcel Map and Final Parcel Map shall be required to combine the three existing parcels into one parcel. No grading or building permits shall be issued until the Final Parcel Map is approved by the City Council and recorded with the County of Orange. (1) (1) 1.5 1.6 Design Review and Conditional Use Permit approVal shall become null and void unless all building permits are issued within eighteen (18) months of the date of this Exhibit and substantial const,ruction is underway. Amendments to Design Review 98-036 may be considered and approved by the Planning Commission. (1) 1.7 The applicant and property owner shall sign and return an Agreement to Conditions ImpOsed form prior to issuance of building permits. SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION (5) CEQA MITIGATION (6) REQUIREMENTS (7) UNIFORM BUILDING'CODE/S *** DESIGN REVIEW RESPONSIBLE AGENCY LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTIONS ExhiSit A Design Review 98-036 Conditions of Approval Resolution No. 3692 Page 2 (1) (1) 2.0 (3) (3) (3) (3) 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. Any violation of any of the conditions imposed is subject to the imposition of a' civil penalty of $100.00 for each violation and each day the violation exists. 1.10 The applicant shall be responsible for costs associated with any necessary code enforcement action. : PLAN SUBMITTAL 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. California Amendments · 1996 National Electrical Code with Califomia Amendments · City of Tustin Grading and Security Ordinance · City of Tustin Landscaping and Irrigation Guidelines · City of Tustin Private Improvements Standards 2.2 Submit seVen (7) sets of building plans to the Building Division for review and approval prior to the issuance of a building permit. Requirements of the 'Uniform Building Code (UBC) and state disabled access requirements shall be complied with as approved by the Building Official. All construction shall be in accordance with the 1997 UBC, applicable City Codes and the City's Security Code. No field changes shall be made without corrections submitted to and approved by the Community Development Department. 2.3 Submit seven (7) sets of excavating/grading plans and two preliminary soils reports to the Building Division for review and approval prior to the issuance of a grading permit. 2.4 Preparation and submittal of a final grading plan showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information: Exhibit A Design Review 98-036 Conditions of Approval Resolution NO. 3692 Page 3 (3) 2.5 (3) '2.6 (3) 2.7 (3) 2.8 · Final street elevations at key'locations. Final pad/finished floor elevations and key elevations for all site grading. Ali pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. · All flood hazards of record. The engineer of record must submit a ,final compaction report to the Building Division for review and approval prior to the issuance of a building permit. The engineer of. record must submit a letter of pad certification to the Building Division for review and approval prior to the issuance of a building permit. A separate 24"x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required for ali 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: Curb and gutter; Sidewalk, including curb ramps for the physically disabled; Drive aprons; Signing/striping plan; : Domestic water facilities; 'Sanitary sewer facilities; Underground utility connections; and, In addition, a 24, x 36' reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation will be required. Submit four (4) sets .of on-site improvement plans including proposed drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains to the Building Division for review and approval. Any improvements proposed shall comply with the City's on-site Private Improvement Standards. Exhibit A Design Review 98-036 Conditions of Approval Resolution No. 3692 Page 4 (4) (4) (3) (3) (4) (4) (4) (4) , (4) 2.9 Site Plan/Floor Plan 2.9.1 The legal description submitted shall be placed on the site plan. This includes the description of portions of LotS9 and 10 of Tract No. 1743 and a portion of Lot 17 of Sup. Map of the Vandedip and Rowan Tract. 2.9.2 2.9.3 The location of any utility vents or other equipment shall be provided on a roof plan. Parking spaces designed for use by persons with disabilities shall comply with California Title 24 regulations. Parking for disabled 'persons shall be provided with an additional 5 foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accesSible space shall be van accessible served by a minimum 96 inch. wide loading area. 2.9.4 The plans submitted into plan check shall' indicate that restrooms shall be made accessible to persons with disabilities as per Title 24 requirementS: 2.9.5 All rOof access shall be provided from the insidb of the building. 2.9.6 Six (6) inch continuous concrete curbing shall be used through the parking lot and adjacent to sidewalks, except where required to satisfy handicap access requirements. 2.9.7 InstallatiOn of security' hardware 'and locking devices shall be required pursuant to the Tustin City Code. 2.9.8 To meet 'current Federal Americans Disabilities Act (ADA) requirements and City standards, the existing five (5) foot wide sidewalk along the frontage of this development will require removal . and construction of' an eight (8) foot wide sidewalk/parkway. This construction will require dedication of three (3) feet of additional right-of-way along the entire Newport Avenue frontage. 2.9.10 A 6'8" high masonry wall shall be constructed along the project site boundaries adjacent to residential properties. A wrought iron Exhibit A . Design Review 98-036 Conditions of Approval Resolution No. 3692 Page.5 gate shall be provided to secure the drainage easement subject to the satisfaction of the Public Works Director. 2.10 Elevations (4) 2.10.1 (4) 2.10.2 ' (3) 2.10.3 (4) 2.10.4 (4) 2.10.5 (1) 2.10.6 Elevations shall be provided which include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off-site where applicable. Details shall also be provided for the proposed windows and doors. Roofing shall be class "B" or better quality. The proposed trash bin enclosure shall be screened by a solid decorative wall consistent with the adjacent buiiding's material and finish and be of a minimum height of six feet. The actual location o~ the enclosure and types of screening and details of the 'enclosure shall be submitted at building plan check and are subject to approval by the Community Development Department. The location of the bin, size and quantity shall be reviewed and accepted in writing by Great Western Reclamation. Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, the street number shall be displayed in a prominent location on the street side of the residence. The numerals shall be no less than six (6)inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. Provide exact details for extedor doom and window types on construction plans. All mechanical and electrical fixtures and equipment shall be adequat.ely and decoratively screened. The screen shall be considered as an element of the overall design of the project and shall either blend with the architectural design, of the building or be integrated into the landscape design. A dense type of landscaping could be utilized for screening. All exterior colors and materials to be used shall be subject to review and approval of the Community Development Department and shall be conSistent with samples provided on the color Exhibit'A Design Review 98-036 Conditions of Approval Resolution No. 3692 Page 6 (4) 2.10.7 (1) 2.10.8 (4) 2.10.9 (4) (4) 2.10,11 (1) ' 2.10.12 2.11 Li~htin~l (4) boards. All exterior treatments shall be coordinated with regard to color, materials and detailing and clearly noted on submitted construction plans and elevations. All exposed metal flashing or trim shall be painted to match the building. ', Exterior elevations of the building shall indicate ariy fixtures or equipment to be located on the roof of the building and equipment heights. The building-parapet shall be an integral part of the building design, and shall screen all roof mounted equipment. All roof-mounted equipment and vents shall be a minimum of six inches below the top of the parapet. No exterior downspouts shall be permitted; all roof drainage shall utilize interior piping, but may have exterior outlets at base of building. Location of ali utility meters, gUtters, and any ground or building mounted equipment shall be reviewed by the Community Development Department prior to issuance of building permits. All visible equipment shall be architecturally screened. All · downspouts shall be designed so as to be internalized within the structure. Roof scuppers shall be installed with a special lip device so that overflow drainage will not stain th'e walls. Any roof. top equipment, including vents and exhausts shall comply with the City of Tustin Noise Ordinance.' submit four (4) sets of plans depicting the exterior lighting details and a photometric study showing the location, and anticipated distribution pattern of light of all proposed fixtures in the parking lot and landscape areas to the Community Development Department for review and approval Prior to the issuance of a building'permit. Manufacturer's details of all lighting fi~tures and a lighting plan which identifies the locatiOn, type of fixture, and Exhibit A Design Review 98-036 Conditions of Approval Resolution No. 3692 Page 7 (4) 2.11.2 (4) (1) (1) (1) intensity of all exterior building mounted and free-standing lighting shall be provided. A note shall be provided on the plans that states "All parking areas shall be illuminated with a minimum of one footcandle of light, and lighting shall not produce light or glare' or have a negative impact on adjacent properties." Parking lot and wall mounted fixtures shall be directed at a 90 degree angle directly toward the ground. All light fixtures shall be architecturally compatible with the proposed Structures. The exterior lighting shall comply with the requirements within the City of Tustin Secudty Ordinance. 2.11.3 Exterior lighting fixtures shall not exceed 10 feet in height. 2.12 · Landscaping7 2.12.1 Submit a complete detailed landscaping and irrigation plan for all landscaping areas, consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements and consistent with the plant selection list and regulations within the Newport Warren Planned Community District regulations. 2.12.2 2.12.3 A minimum eight (8) foot wide landscape buffer shall be provided along the perimeter of the site adjacent to any residential properties. The landscaping within the eight (8) foot wide buffer shall be a variety of evergreen species. LandscalSing adjacent t° Newport Avenue shall be designed to sufficiently screen the view of the parking area from the public right-of-way.' Landscaping shall consist of a combination of berming and sufficient' numbers of shrubs and trees to provide adequate screening, subject to the satisfaction of the Community Development Director. The landscape berm adjacent to Newport Avenue shall be at least 3 feet high, but nOt more than 3 ¼ feet high. Said plans shall substantially conform with the submitted landscape plans for the projeCt .date-stamped September 27, 1999, on file with the Community Development Department, or as modified hereto. Exhibit A Design Review 98-036 Conditions of Approval Resolution No. 3692 Page 8 (1) 2.12.4 (1) 2.12:5 (1) 2.12.6 (1) 2.12.7 2.13 Si~Tns (4) 2.13.1 (4) 2.13.2 (4) .. 2.13.3 3.0 The landscape plans shall be revised prior to submittal to show that the three (3) iiquidamber trees proposed adjacent to the west property line and the one iiquidamber tree proposed adjacent to the northeast property line shall be changed to an evergreen species. The street trees shall be planted a minimum distance of ten (10) feet away from streetlights, fire hydrants and street openings. All landscaping shall be maintained in a healthy condition such that all plant materials are evenly cut, evenly edged, free of bare or brown spots, free of debris, weeds or .dead vegetation. An irrigation plan shall be submitted depicting the installation of an automatic irrigation system. Prior to issuance of a sign permit, three (3) sets of plans shall be submitted to the Community Development Department depicting the site plan, location, elevations and details such as sizes, colors and materials of the proposed signage. The signs shall comply with the Newport Warren Planned Community sign regulations. Signs made of plastic, pleXiglass or similar materials should be avoided. The plans for the proposed signage'shall include incidental signs such as entry, exit, project 'identification, addressing, disabled persons s;igns and directional signs shall be designed consistent with such' signage used elsewhere' in the Newport Warren Planned Community District, subject to review and approval by the Community Development and Public Works Departments. No sign component shall flash, blink or be otherwise animated. Such animation is strictly prohibited. CONSTRUCTION/NOISE All construction operations including engine warm up shall be subject to the provisions of the City of Tustin Noise Ordinance and shall take place only during 'the hours of 7:00 a.m. until 6:00 p..m., Monday through Friday and Exhibit A Design Review 98-036 Conditions of Approval Resolution No. 3692 Page 9' 9:00 a.m. until 5:00 p.m. Saturday unleSs the Building Official determines that said activity will 'be in 'substantial. conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work unless other construction noise' standards are subsequently adOpted by the City Council in which case said new standards shall be complied with. (1) 3.2 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. , (2) 3.3 All construction activities shall comply with the requirements of the City of Tustin Grading Manual which requires frequent watering of the project site to control dust. (1). 4.0 (1) (1) 3.4 Note on final plans that a six-foot-high chain linked fence shall be installed around the site prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. USE RESTRICTIONS 4.1 The plans (site plan and floor plans) shall be revised accordingly to reflect the total off-street parking required by using the following ratios: La~e BuildinO' Medical/dental office ' (first 4,000 sq. ft. of building) 4,000 1:250 16 General Office 773 1:250 4 Small Buildin~l 2,726 1:250 11 Medical/dental office Total 7499 ~ I ~J iI ~l~i~ 31 4.2 No more than 20 percent of the required off-street parking spaces shall be compact. Exhibit A Design Review 98-036 Conditions of Approval Resolution No. 3692 Page 10 (1) 4.3 (1) 5.0 (1) (3) Prior to issuance of .certificate of occupancy, the applicant shall prepare and record a deed restriction to ensure that the proposed distribution of medical/dental office and general office uses are not modified' or that additional off-street parking is provided in the future if more intensive uses are proposed to occupy the building. A draft deed restriction agreement shall be submitted to the Community Development Department and City Attomey for review prior to recordation. Evidence of recordation shall be provided to the. Community Development Department 'prior to. the issuance of a certificate of occupancy. The deed restriction shall not be removed without the written approval from'the City. 4.4 If, at any time in the future, the City is made aware and concurs that a traffic or parking problem exists at the subject site as a result of the proposed development, the Community Development Department and/or Public Works Department may require the property owner to submit a traffic and parking demand analysis, at no expense .to the City, within the time schedule stipulated by the City. If said study indicates that there is inadequate parking or a traffic problem, the property owner shall be required to implement mitigation measures to eliminate traffic or parking problems. PUBLIC WORKS 5.1 5.2 The applicant shall satisfy dedication and/or reservation requirements as applicable, including but not limited to dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements and water easements defined' and approved as to specific locations by the City Engineer and other agencies. The applicant shall'execute a subdivision/monumentation agreement and furnishing the improvement/monumentation bonds as required by the City Engineer prior to recordation of the final map. 5.3 A surety/cash bond will be required to assure Work is completed in accordance with'approved plans. Bonds will be based upon the estimated cost of the grading, drainage, and erosion control prior to the issuance of a grading permit. 5.4 Both horizontal and vertical intersection sight lines will need to be checked per County of Orange Public Facilities and Resources Department Standard No. 1117 for all affected streets. The site lines need to be Exhibit A Design Review 98-036 Conditions of Approval Resolution No. 3692 Page 11 (3) 5.5 (3) '5.6 (3) 5.7 shown on the grading plan and landscape plan. Ail landscaping within the limited use area will need to comply with County. of Orange Public Facilities and Resources Department Standard No. 1117. 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.. 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 prior to issuance of Certificate of Occupancy. 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 will 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 California Registered Civil Engineer and/or California Licensed Land Surveyor, shall.be submitted to the Engineering Division' for review and approval prior to issuance of building permits. In addition to the normal full size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required t° be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 13' or 14 having the extension DWG. Likewise, layering and linetype 'conventions are AutoCAD-based (latest version avail;able upon request from the Engineering Division). in order to interchangeably utilize the data contained in .the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current'version of AutoCAD is Release 14. Drawings created in AutoCAD Release 13 or Release 12 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are · approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted.- Exhibit A Design Review 98-036 Conditions of Approval Resolution No. 3692 Page 12 5.8 The applicant shall work with the P~blic Works Department to address Issues related to the drainage swale subject to the approval of the Public Works Director. 6.0 FIRE DEPARTMENT (5) ' Prior to the recordation of any subdivision map and issuance of any building permits, 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 building permits. A fire hydrant shall be located within 150 feet of all exterior portions of any struCture. (5) 6.2 Prior to the issuance of any building permits, a note shall be placed on the plans stating that .all structures to be built on the lots shall be protected by an automatic fire sprinkler system, in a manner meeting the approval of the Fire Chief. (5) (5) (5) (5) 6.3 6.4 6.5 6.6 Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. Prior to the issuance of the certificate of use' and occupancy, the approved fire lane marking plan shall be installed. Prior to the issuance of any building permits, an Orange County Fire Authority Water Availability Form shall be submitted to and approved by the Plan Review Section of the Orange County Fire Authority. 'If sufficient water to meet fire flow 'requirements is not available, an automatic fire extinguishing system shall be installed in each structure, in a manner meeting the approval of the Fire Chief. Prior to the issuance of any building permits on those lots determined applicable by the Fire Chief, plans for the automatic fire sprinkler system shall be' submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a certificate of use and occupancy. Exhibit A Design Review 98-036 Conditions of Approval Resolution No. 3692 Page 13 (5) 6.7 (5) 6.8 (5) 6.9 (5) 6. 0 (5) 6.11 Prior. to the issuance of any certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Authority Standard and approved by the Fire Chief. On private property these markers are to be maintained in good condition by the property owner. Street Markings: a. Prior to the .issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. 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 backgr°und color shall be submitted to and approved by the Fire Chief. b. Prior to the issuance of the certificate of use and occupancy the approved fire lane marking plan shall be installed. Parking shall be prohibited in the fire lanes. Prior to the recordation of a subdivision map or issuance of a building permit, the applicant shall obtain approval .of the Fire Chief for all fire protection access easements and shall dedicate them to the City. The building permit shall contain conditions, which prohibit obstructions within the fire protection access easement. The. approval of the Fire Chief is ~'equired for any modifications such as speed bumps, control gates or other changes in within said easement. · · · , Prior to the issuance of any grading or building permits the applicant shall submit to the Fire Chief a list.of the quantities of all. hazardous, flammable and combustible materials, liquids or gases. These liquids and materials are to be classified according to the "Orange County Fire Authority Chemical Classification Handout". The submittal shall provide a summary sheet listing each hazard class, the total quantity of chemicals stored per class and the total quantity of chemicals used in that class. All forms of materials are to be cbnverted to units of measure in pounds; gallons and cubic feet. Prior to the issuance of any building permits, the applicant shall contact the Orange County Fire Authority Hazardous Materials Disclosure Office at Exhibit A Design Review 98-036 Conditions of Approval Resolution No. 3692 Page 14 (5) 6.12 7.0 FEES (1) 7.1 (714) 744-0463 to obtain a "Hazardous Materials Business Information and Chemical Inventory Packet". This shall be completed, and submitted to the Fire Chief before the issuance of any building permits. . Prior to the issuance of a building permit the applicant shall submit plans for the review and approval of the Fire Chief. The applicant shall include information on the plans required by the Fire Chief. Contact the Orange County Fire Authority Plans. Review Section at (714) 744-0403 for the Fire Safety Site/Architectural Notes to be placed on the plans. Prior to issuance of any permits, payment shall be made of all required fees, as may be in effect at the time of permit issuance, including, but not limited to: A. All applicable plan check and permit fees to the Community Development Department, based on the most current schedule, as may be amended prior to permit issuance. B. Orange County Fire Authority plan check and insPection fees to the Community Development Department based upon the most current schedule. C. New development fees to the Community Development Department in the amount of $.10 per square foot of floor area or as may be amended prior to permit issuance.- , 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 $472.00 per 1000 square feet of building area plus $10.00 per front foot of the parcel. i. School facilities fees. to the Tustin Unified School District of $.31 per square foot of floor area, subject to any agreement reached and executed between the District and applicant. F. Water connection fees to the City'of Tustin. Exhibit A Design Review 98-036 Conditions of Approval Resolution No. 3692 Page 15 (5) 7.2 Gl Major thoroughfare and bridge fees to the Tustin Public Works Department in the amount of $3.03 per square foot of building area, or as may be amended prior to permit issuance. 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. ATTACHMENT C Existing Zoning Designations PLA2gNED COMMo~ ~%' DEVELOPMENq~ Parcel Index No. .' 1 2 3 6 8 9 10 11 12 13 14 15 16 17 Assessor's Parcel N(). 401-191-30 401-191-31 401-191-29 401-181-22 401-'t81-51 401-181-52 401-211-35 401-211-36 401-211-69 401-211-67 401-211-65 401-211-57 401-211-64 401-211-59 401-211-53 401-211-21 401-211-15 LEGENI) Family-Garden Office GO 35 GO 45' NOTTO SC. ALE BASE DISTRICT GO 45 M~X. IMUM I~E!GI~'I' LhMII'F ATTACHMENT D Resolution Nos. 99-90 and 99-95 Ordinance No. 1224 ]0 ]3 14 15' ]6 ]7 18 ]9 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. 99-90 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF TUSTIN, CALIFORNIA, ADOPT THE FINAL NEGATIVE DECLARATION AS .ADEQUATE FOR ZONE CHANGE 98-006 AND DESIGN REVIEW 98-036 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: Ao That Zone Change 98-006 and Design Review 98-036 are considered "projects" pursuant to the terms of the Califomia Environmental Quality Act; and B. A Negative Declaration has been prepared for this project and has been distributed for public review from September 17, 1999 to October 7, 1999. Co 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 September 27, 1999 recommended that the City Council certify the Negative Declaration. D. The City Council has evaluated the proposed Negative Declaration and determined that with incorporation of the mitigation measures, the project would not have a significant effect on the environment. II. 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 Negative Declaration prior to approving the proposed project, and finds 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' Negative Declaration have been incorporated into the project which mitigate any potential significant effects to a point where clearly 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 99-95. l0 14 l? 20 2! 24 27 Resolution 99-90 Page 2 In addition, the City Council has found that the project involves no potential for any .adverse effects, either individually or cumulatively, on wildlife resources; and, therefore, the City Council 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, California, do hereby certi~ 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. 99-90 was dUly passed and adopted at a regular meeting of the Tustin City Council, held on the 1st day of November, 1999, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, C~4 92780 (714) 573-3100 NEGATIVE DECLARATION Project Title:Zone Change 98-006 & Design Review 98-036 Project Location: 12569 NewpOrt Avenue Project Description:A Change in the Newport Warren Planned Community Zoning Designation from Residential Single Family - Garden Office to Garden Office. The project also includes the construction of a 4,770.square foot and a 2,726 square foot one-story medical/dental office building. Project Proponent:Dennis Claus, Westgate Properties, 14751 Plaza Drive #B Tustin, CA 92780 Lead Agency Contact Person:Lori Ludi Telephone:(714) 573-3127 The Community Development Department has conducted an Initial Study for the above project in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and' on the basis of that study hereby finds: That there is no substantial evidence that the project may have a significant effect on the environment. That potential significant effects were identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial Study which is attached hereto and incorporated herein. Therefore, the preparation of an Environmental Impact Report is not required. The Initial Study which provides the basis for this determination is attached and is on file at the Community Development Department, City of Tustin. The public is invited to comment on the appropriatenesS of this Negative Declaration during the review period, which begins with the public notice of Negative Declaration and extends for twenty (20) calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:00 P.M. ON OCTOBER 7, 1999~ Date 9-17- 99 . . EhS~abeth A. Binsack ~" - - Community Development Director COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (7N) oo INITIAL STUDY A. BACKGROUND Project Tide: Zone Change 98-006 & Design Review 98-036 Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Lori Ludi Phone: (714) 573-3127 Project Location: 12569 Newport Avenue Project Sponsor's Name and Address: Westgate Properties 14751 Plaza Drive #B Tustin, CA 92780 General Plan Designation: Planned Community- Commercial Business Zoning Designation: Planned Community Project Description: Surrounding Uses: A change in the Newport Warren Planned Community Zoning Designation from Single Family Residential- Garden Office to Garden Office. The project also includes the construction of a 4,770 square foot and a 2,726 square foot one-story medical/dental office building. ,' North: Commercial South: Commercial East: Residential West: Residential Other public agencies whose approval is required: Orange County Fire Authority Orange CoUnty Health Care Agency South Coast Air Quality Management District Other [-~ City Of Irvine ~ City of Santa Aha [--] Orange County EMA 'B. ENVIRONMENTAL ~ aC'. ~ POTENTIALLY AFFECTE, The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated' by the checklist in Section D below. [---]Land Use and Planning [-]Population and Housing [--]Geological Problems ['-]Water ['-]Air Quality [--]Transportation & Circulation [-']Biological Resources [-]Energy and Mineral Resources [-]H~ards ~Noise [~]Public Services [-]Utilities and Service Systems ['-']Aesthetics [-']Cultural Resources [--]Recreation ~-]Mandatory Findings of Significance C. DETERMINATION: On the b~sis of this initial evaluation: [--] I find that the proposed project COULD NOT have a significant effect on the environment, anal a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. [~] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at' least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or'"Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant, effect on the environment, there WILL NOT be a significant effect in this Case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed -adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Preparer.: Lori A. Ludi Elizabeth A. Binsack, Community Development Director Title: Associate Planner bate 9-17-99 1) 2) 3) 4) 5) 6) 7) 8) 9) D. EVALUATION OF ENVIRONMENTAL IMPACTS Directions A brief explanation is required for all answei-s except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact"answer should be explained where it is based on project-specific factors and general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a projectspecific screening analysis). All answers must take into account the whole action involved, including off-site, on-site, cumulative project level, indirect, direct, construction, and operational impacts. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potential!y Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, and EIR is required. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross- referenced). Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and, b) the mitigation measure identified, if any, to reduce the impact to less than significance. · EVALUATION OF ENVIRONMEN ~ A1 ~,CTS I. AESTHETICS- Would the project: a) Have a substantial adverse effect on a scenic Vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which Would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? III. AIR QUALITy: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors'affecting a substantial number of people? Potentially Significant Impact ,~..~.o Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact [3 [3 [3 [3 .O IV. BIOLOGICAL RESOURCES: - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movemerit of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES: - Would the project: · a) Cause a substantial adverse change in the significance'of a historical resource as defined in {} 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pUrsuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries.? VI. GEOLOGY AND SOILS: - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. . . ii) Strong seismic ground Shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or'off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of . septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the · environment through the routine transport, use, or disposal of hazardous materials? b) Create a Significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the'environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardoUs materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, .where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Potentially 'Significant Impact ~ Than 6 nificant With Mitigation Incorporation Less Than Significant Impact No Impact 0 0 0 0 0 0 0 0 0 0 · o 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 river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted 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 structures which would impede 'or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? j) . Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING - Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact [3 a) Physically divide an established community? [~] 1--1 I~ [~ 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 groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or', where such a plan has not been adopted, within two miles of a · public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? XII. POPULATION AND HOUSING - Would the project: a) Induce substantial-population grOwth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact .xs Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact [3 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? XIV. RECREATION- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? Potentially Significant Impact Less Than Significant With Mitigation' Incorporation Less Than Significant Impact No Impact [23 [23 [] © g) Conflict with adopted policies, plang, 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 Wat6r Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilitiei, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the Wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with. federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact __ss Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS ZONE CHANGE 98-006 & DESIGN REVIEW 98-036 BACKGROUND The project site consists of three vacant parcels, totaling 31,550 square feet, located at 12569 Newport Avenue, on 'the west side of Newport. Avenue between Warren and the northerly City limits. The project site is located within the Newport warren Planned Community area, designated as Residential Single Family- Garden Office and is surrounded by developed residential and commercial uses. The proposed project involves a zone change of the subject property and the construction of two one-story medical/dental .office buildings owned by .Westgate Development, including the following: 1.) 2.) A change in the zoning designation of the Newport Warren Planned Community from Residential Single Family - Garden Office to Garden Office. A 4,770 square foot one-story medical/dental office and a 2,726 square foot medical/dental office building. Construction of landscape planters, trash enclosure and paved surface for circulation and parking. 1. AESTHETICS Items a & b- No Impact: The project site is not located on a scenic highway nor does it affect a scenic vista. Items c & d- Less Than Sianificant with Mitigation Incorporation: The proposed project will establish two new medical/dental office buildings. The-buildings have been designed to be residential in scale and appearance, which complements the surrounding architectural styles of existing buildings within the Newport Warren Planned Community and adjacent residential uses. Over 33 percent of the site is proposed to be landscaping. Lighting on the 'site is required to be directed on-site and the exterior lighting is limited to 10 .feet in height to avoid glare on adjacent arterials and properties. With the implementation of mitigation measures and the conditions of approVal, impacts related to aesthetics will be reduced to a level of insignificance. Mitigation Measures/Monitoring Required: Submit four (4) sets of plans depicting the exterior lighting details and a photometric study showing the location 'and anticipated distribi~tion pattern of light of all proposed fixtures in the parking lot and landscape areas to the Community Development Department for review and approval prior to the issuance of a building permit. Manufacturer's details of all lighting frxmres and a lighting plan wkich identifies the location, type of fixture, and intensity of all exterior building mounted and free-standing lighting shall be provided. A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one footcandle of light, and lighting shall not produce light or glare or have a negative impact on adjacent properties." Parking lot and wall mounted fixtures shall be directed at a 90 degree angle directly toward the ground. All lio~ht fixtures shall be architecturally compatible with the proposed structures. The exterior lighting shall comply with the requirements within the City of Tustin Security Ordinance. · Exterior lighting fixtures shall not exceed 10 feet in height. 'Submit a complete detailed landscaping and irrigation plan for all landscaping 'areas consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements and consistent with the plant selection list and regulations within the Newport Warren Planned Community District regulations. Sources: Project Application Tustin Security Code 2. AGRICULTURAL RESOURCES Items a. b & c - No Impact: The proposed project will be located on three vacant existing parcels within an area that is currently developed. No impacts will occur to any agricultural uses or farmland. Mitigation MeasUres/Monitoring Required: None Required Sources: Tustin General Plan 3. AIR QUALITY Item b - Less Than Significant with Mitigation Incorporation: Short and long- term emissions associated with grading and the construction of the proposed building and site amenities are subject to regulation by the South Coast Air 'QUality Management District and the City of Tustin'Grading Manual, which includes requirements for dust control. Mitigation Measures/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 to control dust. 12569 Newport ,4 vbnue- Initial Study ,4ttachment ,4 Page 2 of 10 Items a. c. d & e - No Impact: The relatively small magnitude of the project and number of trips generated does not have the capacity to create a net increase of any criteria pollutant, expose sensitive receptors to substantial pollutant concentrates, or create objectionable odors. The proposed project is estimated to generate approximately 271 average daily trips (ADT), of which 18 trips occur in the a.m. peak hour and 27 trips occur in the p.m. peak hour. A general office use of the same size would generate approximately 182 ADT, of which 24 trips would occur in the a.m. peak hour and 88 trips in the p.m. peak hour. As a result, the proposed project is estimated to generate fewer trips in the peak and 89 trips more trips overall than a general office use. With implementation of the above mitigation measures and conditions of approval that require the applicant to conduct grading activities in compliance with the City of Tustin Grading Manual and obtain all necessary approvals and permits from the SCAQMD and the City of Tustin, any potential impacts related to air quality will be reduced to a level of insignificance. Mitigation Measures/Monitoring Required: None Required Sources: South Coast Air Quality Management District Rules & Regulations City of Tustin Grading Manual Project Application Field Inspection 4. BIOLOGICAL RESOURCES Items a. b. c. d. e & f-No Impact: The proposed project will establish two new medical/dental office buildings on three existing vacant parcels. The parcels are vacant and no wildlife or vegetation is existing, No impacts will occur to endangered, threatened or rare species or habitats, locally designated species or natural communities, or wildlife dispersal or migration corridors. Mitigation Measures/Monitoring Required: None Required Sources: Field Inspection. Tustin General Plan 5. CULTURAL RESOURCES Items a. b. c & d- No Impact: The property is not located in a .historical district or any other special.overlay district that pertains to cultural resources. No impacts to paleontological, archaeological, historical, religious resources, or disturbing of any human remains, will occur. Mitigation Measures/Monitoring Required: None Required Sources:' Tustin General Plan 12569 Newport Avenue- Initial Study Attachment A Page 3 of 10 6. GEOLOGY & SOILS Items a-i. a-ii. a-iii & b- Less Than Sienificant with Mitieation Incorporation: The topography of the site is relatively flat and would require minor precise grading activity to prepare the site for new construction. 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. Mitigation Measures/MonitOring Required: All grading, drainage, vegetation and circulation shall comply with the City of Tustin Grading Manual. All construction activity shall comply with the Tustin Grading Manual which requires frequent watering of the'project site to control dust. All street sections, curbs, gutters, sidewalks, lighting and 'storm drain shall comply with on-site improvement standards. Any deviations shall be brought to the attention of the Building Official and request for approval shall be submitted in writing prior to any .approval. Items a(iv), c. d & 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 expansive soils. No unique geological or physical features are present within the area. With implementation of a condition of approval that requires the applicant to obtain all necessary approvals from the Community Development Department, the project design and construction will reduce potential impacts to a level of insignificance. Sources: Tustin General Plan City of Tustin Grading Manual Uniform Building Code Project Application Field Evaluation ' 7. HAZARDS & HAZARDOUS MATERIALS Items a. b, c. d. e, f. g & h'-No Impact: . The proposed project will not create a significant hazard through the handling of hazardous materials and will not foreseeably in¥olve the accidental release of hazardoUs materials, into the environment. The proPosed project is more than a quarter of a mile of an existing or any proposed school sites. The project site is not located within a'airport land use plan or within two miles of a public or priVate airport. The proposed project does not interfere with any evacuation plans or emergency response plans. The project site is not within a wildland area, and would not expose individuals or structures to the hazards of wildland fires. 12569 Newport Avenue- Initial Study Attachment A Page 4 of 10 Mitigation Measures,qVIonitoring Required: None Required. Sources: Tustin General Plan Orange County Fire Authority Orange County Health Care Agency 8. HYDROLOGY & WATER QUALITY Items a. b. c. d. e. f. ~o. h. i & i - No Impact: The project does not violate water quality standards or waste discharge requirements. It will not expose people or property to water related hazards such as flooding and erosion and will not change the course or direction of waters movements or affect the quantity and quality of groundwaters. The impervious surface of the project will drain into the existing storm drain system. Any water deposited into the sanitary sewer system for treatment shall be in compliance with the Orange County Sanitation District requirements. The project does not have the capacity to affect the directiOn of currents in surface waters or amount or quality of groundwaters, absorption rates, drainage patterns of surface runoff, or effect on the amount or quality of surface or groundwaters. Sources: Tustin General Plan City of Tustin Grading Manual Public Works Department Orange County Health Care Agency Project Application 9. LAND USE PLANNING Items a & c- No Impact: The proposed project is similar to and compatible with other commercial uses in the vicinity and is located on three parcels which will be combined into one parcel through the recordation of a parcel map. The project will not divide or disrupt the area. The proposed project is not anticipated to impact land use or planning. . . .. Item b- Less Than Sienificant Impact: The proposed project ihvolves the construction of a medical/dental office building which is not a permitted use under the existing zoning designation of Residential Single Family- Garden Office. Therefore the project includes.a zone change from the existing designation of Residential Single Family- Garden Office to Garden Office within the Newport Warren Planned Community Regulations. Medical/dental office is a permitted use within the Garden Office designation of the Newport Warren Planned Community Regulations. The zoning of the project site would be consistent with the zoning designation of the property to the south and with the development on the west side of this area of Newport Avenue. 12569 Newport Avenue- Initial Study · Attachment A Page 5 of 10 Mitigation Measures: The approval of the design review to construct the two one-story medical/dental office buildings is contingent upon approval by the City Council of Zone Change 98-006. Sources: Tustin General Plan Tustin Zoning Code Project Application Field Evaluation 10. MINERAL RESOURCES Items a & b- No Impact: There are no known mineral resources located on the three vacant parcels which constitute the project site. Therefore, the construction and operation of the facility will not use nonrenewable resources in a wasteful or inefficient manner. Mitigation Measures/Monitoring Required: None Required Sources: Tustin General Plan 11. NOISE Items c & d- Less Than Sienificant with Miiieation Incorporation- With respect to shOrt-term noise impacts associated with construction, all construction will be required to conform to the Noise Ordinance and work may °nly be performed during permitted:hours of construction. As such, short term noise impacts will be mitigated to a level of insignificance. No significant increase in long term noise impacts associated with generation.of vehicular traffic is anticipated. Operations of the facility will be required to conform to the Noise Ordinance. Long-term operational noise will be reduced to a level of insignificance through compliance with the Noise Ordinance. With implementation of the above mitigation measures and conditions of approval, potential noise impacts would be reduced to a level of insignificance. Mitigation Measures/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.' Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. 12569 Newport Avenue- Initial Study Attachment A Page 6 of l O Any roof top equipment, including vents and exhausts shall comply with the City of Tustin Noise Ordinance. Items a. b, e & f-No Imf)act: The project site is not located within an airport land use plan or within two miles of a public or private airport. Mitigation MeasUres/Monitoring Required: None Required. SoUrces: Tustin General Plan Noise Ordinance Project Application 12. POPULATION & HOUSING Items a. b & c-No Impact: The proposed project is located on a site that is currently surrounded by existing residential and commercial uses. The proposed project would not result in any direct increase in population nor induce substantial growth in the area. No impacts related to population or housing are anticipated. Mitigation MeasUres/Monitoring Required: None Required SoUrces'- Tustin General Plan Project Application Field Evaluation 13. PUBLIC SERVICES Item a- No Impact;. The project site and surrounding commercial properties are currently subject to fire 'and police protection. No additional resoUrces are required to maintain these existing service levels. The proposed project will not create additional services related to maintenance of public facilities, including roads. Mitigation MeasUres/Monitoring Required: None Required SOUrCeSi Tustin Police Department Orange County Fire Authority Tustin Public Works Department 14. RECREATION Items a & b-No Impact: The proposed construction of two medical/dental office buildings would not affect existing facilities nor create a demand for recreational facilities. 12569 Newport Avenue- Initial Study Attachment A Page 7 of lO Mitigation Measures/Monitoring Required: None Required Sources: Tustin General Plan Project Application. 15. TRANSPORTATION/TRAFFIC Item a - Less Than Significant Impact: The City's Traffic Engineer has reviewed the proposed project, analyzed the traffic study completed by the applicant's licensed Traffic Engineer and finds that the project will not result in a significant increase in traffic (see Exhibit B). The increase of 89 average daily trips (ADT) fi.om general office compared to medical/dental office use, is minimal compared to the available capacity on Newport Avenue. Newport Avenue currently carries approximately 21,000 ADT. The existing capacity along this primary arterial highway is 37,000 ADT. Therefore, this project will not have a significant impact on the arterial circulation system in this area resulting from an increase in traffic. Mitieation Measures If, at any time in the future, the City is made aware and concurs that a traffic or parking problem exists at the subject site as a result of the proposed development, the Community Development Department and/or Public Works Department may require the property owner to submit a traffic and parking demand analysis; at no expense to the City, within the time schedule stipulated by the City. If said study indicates that there is in.adequate parking or a traffic problem, the property owner shall be required to provide additional mitigation measures to be reviewed and approved by the Community DeveloPment Department and Public works Department. Items b. c, d. e, & g -No Impact: The level of service shall not be impacted by the project. The project does not involve air traffic patterns or the creation of new roads. Mitigation Measures/Monitoring Required: None Required Item f- Less Than Significant Impact: The off-street parking required for the medical/dental office use shall be provided for the project in accordance with the City Code. A condition of approval is incorporated into the project that requires off-street parking for the medical/dental offices that is in compliance with the City Code. Mitieation Measures: The plans (site plan and floor plans), shall be revised accordingly to reflect the total off-street parking required by using the following ratios: 12569 Newport Avenue- Initial Study Attachment A Page 8 of 10 Lar,~e Building Medical/Dental Office (first 4,000 sq. ft. of building) 4,000 1:250 16 General Office 773 1:250 4 Small Building 2,726 1:250 11 Medical/Dental Office Total 7499 ~.~ ...: ~ 31 · No more than 20 percent of the required off-street parking spaces shall be compact. Prior to issuance of certificate of occupancy, the applicant shall prepare and record a deed restriction to ensure that the proposed distribution of medical/dental office and general office uses are not modified or that additional off-street parking is provided in the future if more intensive uses are proposed to occupy the building. A draft deed restriction agreement shall be submitted to the Community Development Department and City Attorney for review prior to recordation. Evidence of recordation shall be provided to the Community Development Department prior to the issuance of building permits. The deed restriction shall not be removed without the written approval from the City. If, at any time in the future, the City is made aware and concurs that a parking problem exists at the subject site as a result of the proposed development, the Community Development Department and/or Public Works Department may require the property owner to submit a parking demand analysis, at no expense to the City, within the time schedule stipulated by the City. If said study indicates that there is inadequate parking or a traffic problem, the property owner shall be required to provide additional mitigation measures to be reviewed and approved by the Community Development Dep'artment and Public works Department. Sources: Tustin General Plan Project Application Tustin Public Works/Traffic Engineer 16. UTILITIES & SERVICI~'SYSTEMS Items a. b, c. d, e. f & g - No Impact: The proposed facility will be connected to existing utilities and service systems in the area. No substantial alterations to any utilities will be required. Sources: Tustin Public Works Department Field Inspection 12569 Newport A venue- Initial Study Attachment A Page 9 of l O Mitigation Measures/Monitoring Required: None Required 17. MANDATORY FINDINGS OF SIGNIFICANCE Items a. b & c-No Impact: The proposed project is the construction of two one-story medical/dental office buildings. The project design, construction and operation will comply with the regulations of the Community Development Department, 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 12569 Newport ,,lvenue- Initial Study ,~ttachment A Page 10 of lO EXHIBIT B "Traffic Study" LSA September 1, 1999 LSA Associates, Inc. Environmental Anah,sis Transportation £ngineering Biology and W'etlands Habitat Restoration Resource ,ILznagement CommuniU' and Land Planning Landscape Architecture A rcha eology and Paleontology Principals Rob Balen Sheila Brady Les Card David Clore Ross Dobberteen Steve Granholm Richard Harlacher Roger Harris Art Homrighausen Larry Kennings Laura Lafler Carollyn Lobell Bill Mayer Rob McCann Jill O'Connor Anthony Petros Deborah Pracilio Rob Schonholtz Malcolm J. Sproul Lloyd B. Zola Associates Linda Aberbom James Baum Connie Calica Tung-chen Chung, Ph.D. Steven W. Conkling Gary Dow Jack Easton Richard Erickson Kevin Fincher Frank Hasehon Clint Kellner Benson Lee Judit~ H. Malamut Sabrina Nicholls M. W. ~Bill~ O'Connell Amy Skewes-Cox Lynette 5tanchina Mr. Hal Woods The Woods Group, Architects 3500-B W. Lake Center Drive Santa Ana, CA 92704 Subject: Westgate Plaza - Traffic/Circulation Evaluation Dear Mr. Woods: LSA Associates, Inc. (LSA) is pleased to submit this technical traffic/circulation - evaluation of the proposed.Westgate Plaza project, located at 12569 Newport Avenue in the City of Tustin. The project proposes two medical office buildings on the vacant site, consisting of 7,499 total square feet (4,773 sf and 2,726 sf). Based on trip generation rates from the Institute of Transportation Engineers (ITE), Trip Generation Manual, 6~ edition (1997), the proposed project is estimated to gener- ate approximately 271 average daily trips (ADT), of which 18 trips occur in the a.m. peak hour and 27 trips occur in the p.m. peak hour. A general office use of the same size would generate approximately 182 average daily trips, of which 24 trips would occur in the a.m. 'peak hour and 88 trips in the p.m. peak hour. As a result, the pro- posed project is estimated to generate fewer trips in the peak hours than a general office use. The increase in ADT for the proposed medical office project versus general office is · minimal compared to the available capacity on Newport Avenue. N~wport Avenue currently carries approximately 21,000 ADT. The existing capacity along this primary arterial highway is 37,500 ADT. Therefore, the increase of 89ADT will not effect the level of service on this arterial. As such, this project will not have a significant impact on the arterial circulation system in this area. Access into the project site is proposed off of Newport Avenue via a full access drive- way. The vacant ~ite currently has three driveway curb cuts along Newport Avenue. The project will consolidate these access points into one driveway and isolate the circulation movements in and out of the site. The proposed access driveway is located opposite Windsor Lane, slightly offset. This offset, however, will not effect circula- 9/i/99(( P:\TWG930Xrnedoffice.ltr.wpd)) One Park Plaza, Suite 500 Irvine, California 92614-5981 Telephone 949 553-0666 Facsimile 949 553-8076 E-~nail irvin e. Isa@Isa-assoc. corn Other offices located in Berkeley Pt. RicBmond, Riverside and Sacramento LS.4 Associ. m's. h~c. tion movements into or out of Windsor Lane or the proposed project driveway. The offset is in the direction that would allow left tums in and out of both Windsor Lane and the proposed driveway. A modification to the striping along Newport Avenue will be required to permit northbound left turn movements into the project site. .Thank you for the opportunity to submit this technical evaluation. If you have any questions, please call me at (949) 553-0666. Sincerely, LSA ASSOCIATES, INC. 9/1/99(<P:\TWG030huedoffice.ltr.wpd>> 2 RESOLUTION NO. 99-95 ]0 ]2 ]3 ]4 17 ]8 20 23 2.4 25 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF TUSTIN APPROVING DESIGN REVIEW 98-036 FOR CONSTRUCTION OF TWO SINGLE-STORY MEDICAL/DENTAL AND GENERAL OFFICE-BUILDINGS ON THE PROPERTY LOCATED AT 12569 NEWPORT 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 for Design Review 98-036 was filed by Dennis Claus of Westgate Properties requesting approval to construct two single- story medical/dental and general office buildings at the property located at 12569 Newport Avenue. ' B. That on September 27, 1999 the Planning Commission recommended that the City Council approve Design Review 98-036 to construct two single- story medical/dental office buildings at the propertY located at 12569 Newport Avenue. That a public hearing was duly called, no.ticed and held on said application on November 1, 1999 by the City Council. 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 98-036 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 City Council has considered at least the following items: 1. Height, bulk and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors and other openings. . Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. ]? 20 24 25 26 2? 28 Resolution 99-95 Design Review 98-036 Page 2 9. Location and appearance of equipment located outside of an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signage. 14. Development Guidelines and criteria as adOpted by the City Council. D. 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. Also, the existing five- (5) foot wide sidewalk along the frontage of this development will require removal and construction of an eight- (8) foot wide sidewalk. This construction will require dedication of three-(3) feet of additional right-of-way along the entire Newport Avenue frontage to meet current City standards and ADA requirements. E, 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 98-036 for construction of two single-story medical/dental and general office buildings at the property located at 12569 Newport Avenue, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 1st day of November, 1999. TRACY WILLS WORLEY MAYOR ~AMELA STOKER CITY CLERK l0 ]4 l? 20 2! 22 23. 24 Resolution 99-95 Design Review 98-036 Page 3 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, California, do herebY certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 99-95 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 1st day of November, 1999, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK EXHIBIT A DESIGN REVIEW 98-036 CONDITIONS OF APPROVAL RESOLUTION NO. 99-95 1.0 (1) GENERAL · 1.1 The proposed project shall substantially conform with the submitted plans for the project date-stamped September 27, 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) 1.2 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) 1.3 Approval of Design Review 98-036 is contingent upon approval by the City Council of Zone Change 98-006. (1) 1.4 A Tentative Parcel Map and Final Parcel Map shall be required to combine the three existing parcels into one parcel. No grading or building permits shall be issued until the Final Parcel Map is approved by the City Council and recorded with the County of Orange. (1) 1.5 Design Review and Conditional Use Permit 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) 1.6 Amendments to Design Review 98-036 may be considered and approved by the Planning Commission. (1) 1.7 The applicant and property owner shall sign and return an Agreement to Conditions Imposed form prior to issuance of building permits. SOURCE CODES (2) (3) (4) STANDARD CONDITION (5) CEQA MITIGATION (6) REQUIREMENTS (7) UNIFORM BUILDING CODE/S *** DESIGN REVIEW RESPONSIBLE AGENCY LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTIONS Exhibit A Design Review 98-036 Resolution No. 99-95 Page 2 (1) 2.0 (3) (3) (3) 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. 1.9 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. 1.10 The applicant shall be responsible for costs associated with any necessary code enforcement action. PLAN SUBMITTAL 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 California 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 2,2 Submit seven (7) sets of building plans to the Building Division for review and approval prior to the issuance of a building permit. Requirements of the Uniform Building Code (UBC) and state disabled access requirements shall be complied with as approved by the Building Official. All construction shall be in accordance with the 1997 UBC, applicable City Codes and the City's Security Code. No field changes shall be made without corrections submitted to and approved by the Community Development Department. 2.3 Submit seven (7) sets of excavating/grading plans and two preliminary soilS 'reports to the Building Division for review and approval prior to the issuance of a grading permit. Exhibit A Design Review 98-036 Resolution No. 99-95 Page 3 (3) 2.4 (3) 2.5 (3) 2.6 (3) 2.? (3) 2.8 Preparation and submittal of a final grading plan showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information: 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. The engineer of record must submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. The engineer of record must submit a letter of pad .certification to the Building Division for review and approval prior to the issuance of a building permit. A separate 24"x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be 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. Said plan shall include, but not be limited to the following: Curb and gutter; Sidewalk, including curb ramps for the physically disabled; Drive aprons; Signing/striping plan; Domestic water facilities; Sanitary sewer facilities; Underground utility connections; and, In addition, a 24"x 36' reprOducible construction area traffic contrOl plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation will be required. Submit four (4) sets of on-site imprOvement plans including prOposed drainage, vegetation, circulation, street 'sections, curbs, gutters, sidewalks, and storm drains to the Building Division for review and apprOval. Any imprOvements prOposed shall comply with the City's on-site Private ImprOvement Standards. Exhibit A Design Review 98-036 Resolution No. 99-95 Page 4 (4) (4) (3) (3) (4) (4) (4) (4) 2.9 Site Plan~ Floor Plan 2.9.1 2.9.2 The legal description submitted shall be placed on the site plan. This includes the description of portions of Lots 9 and 10 of Tract No. 1743 and a portion of Lot 17 of Sup. Map of the Vanderlip and Rowan Tract. The location of any utility vents or other equipment shall be provided on a roof plan. 2.9.3 Parking spaces designed for use by persons with disabilities shall comply with Califomia Title 24 regulations. Parking for disabled persons shall be provided with an additional 5 foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area. 2.9.4 The plans, submitted into plan check shall indicate that restrooms shall be made accessible to persons with disabilities as per Title 24 requirements. 2.9.5 All roof access shall be provided from the inside of the building. 2.9.6 Six (6)inch continuous concrete curbing shall be used through the parking lot and adjacent to sidewalks, except where, required to satisfy handicap access requirements. 2.9.7 Installation of security hardware and locking devices shall be required pursuant to the Tustin City Code. 2.9.8 To meet current Federal Americans Disabilities Act (ADA) requirements and City standards, the existing five (5) foot wide sidewalk along the frontage of this development will require removal and construction of an eight (8) foot wide sidewalk/parkway. This construction will require dedication of three (3) feet of additional right-of-way along the entire Newport Avenue frontage. Exhibit A Design Review 98-036 Resolution No. 99-95 Page 5 (4) 2.9.9 A 6'8" high masonry wall shall be constructed along the project site boundaries adjacent to residential properties. A wrought iron gate shall be provided to secure the drainage easement subject to the satisfaction of the Public Works Director. 2.10 Elevations (4) 2.10.1 (4) 2.10.2 (3) 2.10.3 (4) 2.10.4 (4) 2.10.5 Elevations shall be provided which include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off-site where applicable. Details shall also be provided for the proposed windows and doors. Roofing shall be class "B" or better quality. The proposed trash bin enclosure shall be screened by a solid decorative wall consistent with the adjacent building's material and finish and be of a minimum height of six feet. The actual location of the enclosure and types of screening and details of the enclosure shall be submitted at building plan check and are subject to approval by the Community Development Department. The location of the bin, size and quantity shall be reviewed and accepted in writing by Great Western Reclamation. Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, the .street number shall be displayed in a prominent location on the street side of the residence. The numerals shall be no less than six (6)inches in height and shall be of contrasting color to the background to which they are attach'ed and illuminated during hours of darkness. Provide exact details for exterior doors and window types on construction plans. All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be considered as an element of the overall design of the project and shall either blend with the architectural design of the building or be integrated into the landscape design. A dense type of landscaping could be utilized for screening. Exhibit A Design Review 98'036 Resolution No. 99-95 Page 6 (1) 2.10.6 (4) 2.10.7 (1) 2.10.8 (4) 2.10.9 · , (4) 2.10,10 (4) 2.10.11 (1) ' 2.10.12 (4) 2.11 Lightin~l 2.11.1 All exterior colors and materials to be used shall be subject to review and approval of the Community Development Department and. shall be consistent with samples provided on the color boards. All exterior treatments shall be coordinated with regard to color, materials and detailing and cleady noted on submitted construction plans and elevations. All exposed metal flashing or trim shall be painted to match the building. Exterior elevations of the building shall indicate any fixtures or equipment to be located on the roof of the building and equipment heights. The building parapet shall be an integral part of the building design, and shall screen all roof mounted equipment. All roof-mounted equipment and vents shall be a minimum of six inches below the top of the parapet. No exterior downspouts shall be permitted; all roof drainage shall utilize interior piping, but may have exterior outlets at base of building. Location of all utility meters, gutters, and any ground or building mounted equipment shall be reviewed by the Community Development Department prior to issuance of building permits. All visible equipment shall be architecturally screened. All downspouts shall be designed so as to be internalized'within the structure. Roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. Any roof top equipment, including vents and exhausts shall comply with the City of Tustin Noise Ordinance. Submit four (4) sets of plans depicting the exterior lighting details and a photometric study showing the location and anticipated distribution pattern of light of all proposed fixtures in the parking lot and landscape areas to the Community Development Department for review and approval prior to the issuance of a building permit. Manufacturer's details of all lighting fixtures and a Exhibit A Design Review 98-036 Resolution No. 99-95 Page 7 (4) 2.11.2 (4) 2.11.3 2.12 lighting plan which identifies the location, type of fixture, and intensity of. all exterior building mounted and free-standing lighting shall be provided. A note shall be provided on the plans that states "All parking areas shall be illuminated with a minimum of one footcandle of light, and lighting shall not produce light or glare or have a negative impact on adjacent properties." Parking lot and wall mounted fixtures shall be directed at a 90 degree angle directly toward the ground. All light fixtures shall be architecturally compatible with the proposed structures. The exterior lighting shall comply with the requirements within the City of Tustin Security Ordinance. Exterior lighting fixtures shall not exceed 10 feet in height. Landscaping (1) 2.12.1 (1) 2.12.2 (1) 2.12.3 Submit a complete detailed landscaping and irrigation plan for all landscaping areas consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements and consistent with the plant selection list and regulations within the Newport Warren Planned Community District regulations. A minimum eight (8) foot wide landscape buffer shall be provided along the perimeter of the site adjacent to any residential properties. The landscaping within the eight (8) foot wide buffer shall be a variety of evergreen species. Landscaping adjacent to Newport Avenue shall be designed to sufficiently screen the view of the parking area from the public right-of-way. Landscaping shall consist of a combination of berming and sufficient numbers of shrubs and trees to provide adequate screening, subject to the satisfaction of the Community . Development Director. The landscape berm adjacent to Newport Avenue shall be at least 3 feet high, but not more than 3 ¼ feet high. Said plans shall substantially conform with the submitted landscape plans for the project date-stamped September 27, 1999, on file with the Community Development Department, or as modified hereto. Exhibit A Design Review 98-036 Resolution No. 99-95 Page 8 (1) 2.12.4 (1) 2.12.5 · (1) 2.12.6 (1) 2.12.7 (4) 2.13 Si~7ns 2.13.1 (4) 2.13.2 (4) 2.13.3 The landscape plans shall be revised prior to submittal to show that the three (3) liquidamber trees proposed adjacent to the west property line and the one liquidamber tree proposed adjacent to the northeast property line shall be changed to an evergreen species. .. The street trees shall be plant(~d a minimum distance of ten (10) feet away from streetlights, fire hydrants and street openings. All landscaping shall .be maintained in a healthy condition such that all plant materials are evenly cut, evenly edged, free of bare or brown spots, free of debris, weeds or dead vegetation. An irrigation plan shall be submitted depicting the installation of an automatic irrigation system. Prior to issuance of a sign permit, three (3) sets. of plans shall be submitted to the CommunitY Development Department depicting the site plan, location, elevations and details such as sizes, colors and materials of the proposed signage. The signs shall comply with the Newport Warren Planned Community sign regulations. Signs made of plastic, plexiglass or similar materials should be avoided. The plans for the proposed signage shall include incidental signs such as entry, exit, project identification, addressing, disabled persons signs and directional signs shall be designed consistent with such signage used elsewhere in the Newport Warren Planned Community District, subject to review and approval by the Community Development and Public Works Departments. No sign comPonent shall flash, blink or be otherwise animated. Such animation is strictly prohibited. Exhibit A Design Review 98-036 Resolution No. 99-95 Page 9 3.0 CONSTRUCTION/NOISE (1) 3.1 (1) (2) (1) 4.0 (1) All construction operations including engine warm up shall be subject to the provisions of the City of Tustin Noise Ordinance and shall take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday and 9:00 a.m. until 5:00 p.m. Saturday unless the Building Official determines that said activity will be in substantial conformance with 'the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work unless other construction noise standards are subsequently adopted by the City Council in which case said new standards shall be complied with. 3.2 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. · 3.3 All construction activities shall comply with the requirements of the City of Tustin Grading Manual which requires frequent watering of the project site to control dust. 3.4 Note on final plans that a six-foot-high chain linked fence shall be installed around the site prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. USE RESTRICTIONS 4.1 The plans (site plan and floor plans) shall be revised accordingly to reflect the total off-street parking required by using the following ratios: Lar~te Buildin9 Medical/dental office (first 4,000 sq. ft. of building) 4,000 1:250 16 General Office 773 1:250 4 Small Building 2,726 1:250 11 Medical/dental office Total 7499 ~ ~;~,,~,~,,~:,~ ~ .....31 Exhibit A Design Review 98-036 Resolution No. 99-95 Page 10 (1) -4.2 (1) . (1) 5.0 (3) No more than 20 percent of the required off-street parking spaces shall be compact. ' 4.3 Prior to issuance of certificate of occupancy, the applicant shall prepare and record a deed restriction to ensure that the .proposed distribution of medical/dental office and general office uses are not modified or that additional off-street parking is provided in the future if more intensive uses are proposed to occupy the building.. A draft deed restriction agreement shall be submitted to the Community Development Department and City Attorney for review prior to recordation. Evidence of recordation shall be provided to the Community Development Department prior to the issuance of a certificate of occupancy. The deed restriction shall not be removed without the written approval from the City. 4.4 · If, at any time in the future, the City is made aware and concurs that a traffic or parking problem exists at the subject site as a result of the proposed development, the Community Development Department and/or Public Works Department may require the property owner to submit a traffic and parking demand analysis, at no expense to the City, within the time schedule stipulated by the City. If said study indicates that there is inadequate parking or a traffic problem, the property owner shall be required to implement mitigation measures to eliminate traffic or parking problems. PUBLIC WORKS 5.1 The applicant shall satisfy dedication and/or reservation requirements as applicable, including but not limited to dedication of all required street and flood control right-of-way eas, ements, vehicular access rights; sewer easements and water easements defined and approved as to specific locations by the City Engineer and other agencies. 5.2 The applicant shall execute a subdivision/monumentation agreement and furnishing the improvement/monumentation bonds as required by the City Engineer prior to recordation of the final map. 5.3 A Surety/cash bond will be required to assure work is 'completed in accordance with approved plans. Bonds will be based upon the estimated cost of the grading, drainage, and erosion control prior to the issuance of a grading permit. Exhibit A Design Review 98-036 Resolution No. 99-95 Page 11 (3) 5.4 (3) 5.5 (3) 5.6 (3) 5.7 Both horizontal and vertical intersection sight lines will need to be checked per County of Orange Public Facilities and Resources Department Standard No. 1117 for all affected streets. The site lines need to be shown on the grading plan and landscape plan. All landscaping within the limited use area will need to comply with County of Orange Public Facilities and Resources Department Standard No. 1117. 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. 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 prior to issuance of Certificate of Occupancy. 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 will 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 California Registered Civil Engineer and/or California Licensed Land Surveyor, shall be submitted to the Engineering Division for review and approval prior to issuance of building permits. In addition to the .normal full size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 13 or 14 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data cOntained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 14. Drawings created in AutoCAD Release 13 or Release 12 are compatible and acceptable. Exhibit A Design Review 98-036 Resolution No. 99-95 Page 12 6,0 (5) (5) (5) (5) (5) The CADD files shall be submitted to the City at the. time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. 5,8 The applicant shall work with the Public Works Department to address Issues related to the drainage swale subject to the approval of the Public Works Director. FIRE DEPARTMENT 6.1 Prior to the recordation of. any subdivision' map and issuance of any building permits, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is pub!!c or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of building permits. A fire hydrant shall be located within 150 feet of all extedor portions of any'structure. 6.2 Prior to the issuance of any building permits, a note shall be placed on the plans stating that all structures to be built on the lots shall be protected by an automatic fire sprinkler system, in a manner meeting the approval of the Fire Chief. 6.3 Prior to the issuance of any grading permits,' the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. 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. 6.4 Prior to the issuance of the certificate of use and occupancy, the approved fire lane marking plan shall be installed. 6.5 Prior to the issuance of any building permits, an Orange County Fire Authority Water Availability Form shall be submitted to and approved by the Plan Review Section of the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system shall be installed in each structure, in a manner meeting the approval of the Fire Chief. Exhibit A Design Review 98-036 Resolution No. 99-95' Page 13 (5) '6.6 (5) 6.7 (5) 6.8 (5) 6.9 (5) 6.10 Prior to the issuance of any building permits on those lots determined applicable by the Fire Chief, plans, for the automatic fire sprinkler system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a oertificate of use and occupancy. Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Authority Standard and approved by the Fire Chief. On private property these markers are to be maintained in good condition by the property owner. Street a. Markings: Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. 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. b. Prior to the issuance of the Certificate of use and occupancy the approved fire lane marking plan shall be installed. Parking shall be prohibited in the fire lanes. Prior to the recordation of a subdivision map or issuance of a .building permit, the applicant shall obtain approval of the Fire Chief for all fire protection access easements and shall dedicate them to the City. The bUilding permit shall contain conditions, which prohibit obstructions, within the fire protection access easement. The approval of the Fire Chief is required for any modifications such as speed bumps, control gates or other changes in within said easement. Prior to the issuance of any grading or building permits the applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible materials, liquids or gases. These liquids and materials are to be classified according to the "Orange County Fire Authority Chemical Classification Handout". The submittal shall provide a summary sheet listing each hazard class, the total quantity of chemicals stored per class and the total quantity of chemicals used in that class. All forms of materials are to be converted to units of measure in pounds, gallons and cubic feet. Exhibit A' Design Review 98-036 Resolution No. 99-95. Page 14 (5) 6.11 (5) 6.12 7.0 FEES (1) 7.1 · Prior to the issuance of any building permits, the applicant shall contact the Orange County Fire Authority Hazardous Materials Disclosure Office at (714) 744-0463 to obtain a "Hazardous Materials Business Information and Chemical Inventory Packet". This shall be completed and submitted to the Fire Chief before the issuance of any building permits. Prior to the issuance of a building permit the applicant shall submit plans for the review and approval of the Fire Chief. The applicant shall include information on the plans required by the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744-0403 for the Fire Safety Site/Architectural Notes to be placed on the plans. Prior to !ssuance of any permits, payment shall be made of all required fees, as may be in effect at the time of permit issuance, including, but not limited to: Ao B. C. D. E. All applicable plan check and permit fees to the Community Development Department, based on the most cdrrent schedule, as may be amended prior to permit issuance. Orange County Fire Authority plan check and inspection fees to the Community Developr~ent Department based upon the most current schedule. New development fees to the Community Development Department in 'the amount of $.10 per square foot of floor area or as may be amended prior to permit issuance. Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees at the time a building permit is issued. The current fee is $472.00 per 1000 square feet of building area plus $10.00 per front foot of the parcel. School facilities fees to the Tustin Unified School Distdct of $,31 per square foot of floor area, subject 'to any agreement reached and executed between the District and applicant. F. Water connection fees to the City of Tustin. Exhibit A Design Review 98-036 Resolution No. 99-95 Page 15 (5) 7.2 O. Major thoroughfare and bridge fees to the Tustin Public Works Department in the amount of $3.03 per square foot of building area, or as may be amended prior to permit issuance. 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. l0 ]2 ]4 ]7 20 2] 22 23 24 25 26 27 29 ORDINANCE NO. 1224 AN ORDINANCE OF THE CITY OF TUSTIN, APPROVING ZONE CHANGE 98-006, AMENDING NEWPORT WARREN PLANNED COMMUNITY DISTRICT REGULATIONS TO CHANGE THE ZONING DESIGNATION OF THE PROPERTY LOCATED AT 12569 NEWPORT AVENUE FROM RESIDENTIAL SINGLE FAMILY- GARDEN OFFICE TO GARDEN OFFICE. The City Council does hereby resolve as follows: The City Council finds and determines as follows: Ao That a proper application was filed for Zone Change 98-006 to amend the Newport Warren Planned Community District Regulations to change the zoning designation of the property located at 12569 Newport Avenue from Residential Single Family - Garden Office to · Garden Office as identified on Exhibit A attached hereto. Bo That on September 27, 1999 the Planning Commission recommended that the City Council approve Zone Chan~]e 99-006 to change the zoning designation of the property located at 12569 Newport Avenue from Residential Single Family- Garden Office to Garden 'Office. C. That a public hearing was duly called, noticed and held on said application on November 1, 1999 by the City Council. Do That the proposed. Zone Change 98-006 is consistent with the policies of the General Plan and that the zone under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of the project site, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by the following findings: (a) The proposed zone change from "Residential Single Family- Garden Office" to "Garden Office" to allow for medical/dental office use is consistent with the Tustin General Plan in that the site is located within the Planned Community Commercial/Business land use designation which provides for medical/dental office uses (b) 'Amending the existing zoning to the "Garden Office" zoning designation provides a larger, more logical and cohesive zoning designation combined with the other lots within the Newport Warren Planned Community. 14 15 l? 20 2.1 24 28 Ordinance No. 1224 Page 2 II. III. (c) The Garden Office zoning designation is compatible with the commercial character of the Newport Warren Planned 'Community and the Newport Warren Planned Community Regulations ensure compatibility with adjacent residential uses. (d) The zone change is compatible with the development of the adjacent parcel to the south and with the types of developments on the west side of this area of Newport Avenue. E. A Negative Declaration has been prepared and recommended for adoption this project in accordance with the provisions of the California Environmental Quality Act (CEQA). The applicant (Dennis Claus, Westgate Properties) 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. The City Council hereby approves Zone Change 98-006 amending the Newport Warren Planned Community Zoning Map, attached hereto as Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 1st day of November, 1999. PAMELA STOKER City Clerk TRACY WILLS WORLEY Mayor :29 l0 Ordinance No. 1224 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR ORDINANCE NO. 1224 I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1224 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 1st day of November, 1999, by the following vote: CO U NC I LM EMBER AYE S: COUNCILMEMBER NOES: COUNCILMEMBERABSTAINED: COUNCILMEMBERABSENT: 14 PAMELA STOKER CITY CLERK ]? 20 2! 24 25 2? 28 pL.~NNED COMM w~,~ITY DEVELOPMEN ~ EX~FIIB IT ~ Page 2~ Parcel Index Lot No. Assessor's Parccl N(). 1 401-191-30 2 401-191-31 3 401-191-29 4 401-181-22 5 401-181-51 6 401-181-52 ? 401-211-35 8 401-211-36 9 401-211-69 10 401-211-67 11 401-211-65 12 401-211-57 13 401-211-64 14 401-211-59 15 401-211-53 16 401-211-21 17 401-211-15 LEGEND ~ Gar'den Office =. oo ----R© I' 45 NOT TO SC. ALE BASE DISTRICT GO 45 MA.XIIMU,M I~E1GI'I'I' Lhx~'It'F ATTACHMENT E Site Plan Floor Plan Elevations Landscape Plan 0 0 I diqO~lD S~]OON~ · o. .6 CEI,,ITEP,$TOi,,iE 'bEU,~ TOTAL P,02