HomeMy WebLinkAbout02 TENT P.M. 95-115 09-18-95NO. 2
9-18-95
ATE'
SEPTEMBER 18t 1995
Inter-Corn
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM- COMMUNITY DEVELOPMENT DEPARTMENT
SUSJEOT: TENTATIVE PARCEL MAP 95-115 (WILLIAMSON & SCHMID)
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Approve the Environmental Determination for the project by
adopting Resolution No. 95-81; and
2. Approve Tentative Parcel Map 95-115 by adopting Resolution 95-
82, as submitted or revised.
FISCAL IMPACT
There are no fiscal impacts associated with this project, as this
is an applicant initiated project. The applicant has paid
application fees to recover the cost of processing this
application.
BACKGROUND
The applicant is requesting Tentative Parcel Map approVal to
subdivide a 3.824 acre industrial parcel/site, containing three
existing buildings, into three numbered parcels and one lettered
parcel. No new development is proposed as part of the proposal. On
August 14, 1995, the Planning Commission adopted Resolution No.
3379 recommending to the City Council'approval of Tentative Parcel
Map 95-115 (Attachment A). In addition, the Planning Commission
also approved a Variance to create parcels of 21,780 square feet in
area which is less than the minimum lot size of 30,000 square feet
and to increase the maximum lot coverage from 50% to 69% as
required by the Planned Community District Regulations for this
property.
The surrounding uses to the north, south, east and west consist of
similar tilt-up single and two story concrete industrial buildings
used for research and development, warehouse, and manufacturing
uses. The subject site is located in the Irvine Industrial Complex-
Tustin which is zoned PC Industrial.
City Council Report
TPM 95-115
September 18, 1995
Page 2
A public hearing notice identifying the time, date and location of
the public~ hearing on this project was published in the Tustin
News. Property owners within 30'0 feet of the site were notified of
the hearing by mail and notices were posted on the site, at City
Hall and at the Police Department. The applicant was informed of
the availability of a staff report for this item.
DISCUSSION
The Tentative Parcel Map proposes to create three 21,780 square
foot "numbered" parcels with property lines set a minimum of 10
feet away from the facades of each existing building, and one
"lettered lot" containing 100,188 square feet for 'the remaining
common area improvements such as parking spaces, drive aisles and
landscaping. The proposed property lines are proposed to be
located ten feet away from the exterior of the building facade to
allow for future minor facade changes or minor expansion such as
exterior stairs, without crossing a lot line.
Although, the proposed map would create individual parcels under
each building, the development would continue to function as one
cohesive project. The applicant is proposing this type of
subdivision to allow the separate sale and encumbrance of each
building/lot without impacting the other buildings/lots on-site.
Moreover, certain large tenants and investor groups are currently
demanding clear title to the land for any building they lease or
purchase.
Furthermore, according to the applicant, they are unable to secure
financing or sell the buildings without a separate lot under the
building. The current market situation for industrial development
is dictating that individual buildings maintain their own separate
lots.
The key issue with a subdivision of this design is the shared
responsibility of the parking and landscape maintenance. However,
this issue is adequately addressed through the establishment of
CC&R's and an Owner's Association. While each building lot is
individually owned, all three owners share an equal and mandatory
interest in, and responsibility toward, maintaining all common area
improvements on the lettered parcel "A" and those portions on
individual lots.
City Council Report
TPM 95-115
September 18, 1995
Page 3
Where existing parking spaces and drive aisle ways cross proposed
lot lines, reciprocal easements in the CC&R's will allow reciprocal
use of those parking spaces, drive aisles and pedestrian walkways.
The establishment of the Owner's Association has been conditioned
in the Planning Commission Resolution,
In addition to the three industrial buildings previously mentioned,
the project site is developed With a parking area containing 222
parking spaces served by two access points from Franklin Avenue.
All parking spaces would be available to all tenants. As future
improvements occur required parking Would be based upon
improvements within the entire development.
The proposal does not include any new improvements or modifications
to any of the existing improvements. The design of the proposed
tentative map will not adversely impact the existing parking or
circulation of the subject site. As part of this application, the
Public Work's Department has reviewed the on-site parking and
circulation and has expressed no concerns with this map design.
CONCLUSION
Based on the above analysis, it is recommended that the City
Council certify the project Negative Declaration as adequate, and
approve Tentative Parcel Map 95-115 by adopting Resolution Nos. 95-
81 and 95-82 resPectively, as submitted or revised.
Assistant Planner
Christine A. 'Shingleton~
Assistant City Manager
Attachments:
Location Map
Site Plan
Initial Study/Negative Declaration
A - Planning Commission Resolution No.3379
Resolution Nos. 95-81 and 95-82
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LOCATION. MAP~,,..~?
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COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial [Fay, Tustin, C~4 92680
(714) 573-3105
NEGATIVE DECLARATION
Project Description:
Project Proponent:
~d ~en, Contact Person:.
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Co ud v loPm nt ndua
a~rd~ ~th the Ciw of Tustin's procures reg~ding implementation of the CM~o~a
En~romentM QuMi~ Act, ~d on the b~is of that study hereby finds:
That there is no substantial evidence that the project may have a significant effect on the
enviroment.
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
dearly 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. Develbpment Director, this review period may be extended if deemed necessary.
REVIEW PERIOD ENDS 4:00 P.M. ON
NEGDEC. PM5
3704.A
Christine A. Shingletonf
Community Develo ~ment Director
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial Way. Tustin, CA 92680
(7~4) S7S-S~O5
INITIAL STUDY
L
BACKGROUND
Name of Proponent
Address and Phone Number of Proponent
Date '~2i~eClT' List: submitted
Agency Requiring Check List
~xTame of Proposal, fi.applicable
ENVIRONMENTAL IMPACTS
1. Earth. W'fll the proposal result in:
a. Unstable earth conditions or in changes in geologic substructures?
b. Disruptions, displacements, compaction or overcovering of the soil?
c. Change in topography or ground sUrface relief featu'res~.
d. The destruction, covering or modification of any unique geologic or
physical features?
e. Any increase in wind or water erosion of soils, either on or off the site?
Changes in deposition or erosion of beach sands, or changes in
siltation, deposition or erosion which may modify the channel of a fiver
or stream or the bed of the ocean or any bay. inlet or lake?
YES
U
MAYBE NO
17 F7
I7 F7
YES
g.' Expostire of people or property.to geologic hazards such as
"ea. rlhquak, es, landslides,' mud slides,:grou'nd failure, or similar hazards? '[--"]'
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2. Air. Will the proposal result in:
MAYBE NO .
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a. Substantial air emission or deterioration of ambient air quality? ~ ["--1 [5~
b. The creationofobjectionableodors7 ... [-'] ~ ~
c. Alteration of air movement, moisture, or temperatures, or any change
in climate, either locally or regionally7
3..Water. Will the proposal result in:
a. Changes in currents, or the course of direction of water movements, in
either marine or fresh water? ['~ [-"] ~
b. Changes in. absorption rates, drainage pattems~ .or the. raie.and amount
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c..Alterations'to the course ~ar flow of flood Waten;? " ' '
Change in the amount of surface water in any water body?
e.
Discharge into surface waters, or in any alteration of surface water
quality, including but not limited to temperature, dissolved oxygen or
turbidity?
f. Alteration of the direction or rate of flow of ground waters?
g.
Change in the quantity of ground waters, either through direct
additions or withdrawals, or through interception of an aquifer by cuts
or excavations?
h. Substantial reduction in the amount of water otherwise available for
public water supplies?
i. Exposure of people or prope.qy to water related hazards such as
flooding or tidal waves?
4. Plant Life. Will the proposal result in:
a. Change in the diversity of species, or number of any species of plants
(including trees, shrubs, grass, crops, and aquatic plants)?
b. Reduction of the numbers of any unique, rare or endangered species of
plants?
.
c.. Introduction of'new species oi' plants in. to an '&rea, or in a 13an-i'er to the
fiormal replenishment of'existing species?.·
d. Reduction in acreage of any agricultural.crop7
Animal ·Life. Will the proposal result in:
YES MAYBE NO
· .Fl' "VI-"
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Change in the diversity of species, or numbers of any species of animals
(birds, land animals including reptiles, fish and shellfish, benthic
organisms or insects)?
b. Reduction of the numbers of any unique, rare or endangered species of
animals?
Co
d.
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Introduction of new species of animals into an area, or result in a
barrier to the migration or movement of animals7
Deterioration to existing fish or wildlife habitat?
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'6. '"Iqoise. '~ll"the propo§al result in:' ' "'
a. Increases in existing noise levels?
b. Exposure of people to severe noise levels?
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7. Light and Glare. Will the proposal produce new light or glare?
8. Land Use. Will the proposal result in a substantial alteration of the present
or planned land use of an area?
9. Natural Resources. Will the proposal result in:
a. Increase in the rate or use of any natural resources?
b. Substantial depletion of any nonrenewable natural resource?
I 0. Risk of Upset. Will the proposal involve:
a.
A risk of an explosion or the release of hazardous substances
(including, but no: limited to, oil, pcs.tic, ides, chemicals or radiation) in
the event of an accident or upset conditions?
b.
Possible interference with an emergency response plan or an emergency
evacuation plan?
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1. Popul~tion.. Will'the Proposal. alte?'ttie'location, d!st. rib.uti'o.n,, density, or
growth rate of th~'hum~ population of an area?
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2. Housing.~ Will the proposal affect existing housing, or create a demand for
additional housing7
3. Transportation/Circulation. Will the proposal result in:
a. GeneratiOn of'substantial additional vehicular movement?
b. Effects on existing parking facilities, or demand for new parking?
c. Substantial impact upon existing transportatiOn systems?
d. Alterations to present patterns of circulation or movement of people
and/or goods?
e. Alterations to waterbOrne, rail or air-traffic?
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· ~ ..:' In~-ea~"e' ~"tra~:. . . h~ds to'.mot~r'~,ehiCles, bicyclists or pedestrians?'
Public Services. W'fll the proposal have an effect upon, or result in a need
for new or altered governmental services in any of the following areas:
a. Fire protection?
b. Police protection?
c. Schools?
d. Parks or other recreational facilities?
e. Maintenance of public facilities, including roads?
f. Other governmental services?
· EnertEL. Will the proposal result in
a. Use of substantial amounts of fuei or energy?
b. Substtmtial increase in demand upon existing sources of energy, or
require the development of new sources of energy?
YEs
MAYBE NO
16. Utilities. Will die proposal ~:esult'in a need-for new systems, or substantial
_..alterations to the following utilities: '
a. Power or natural gas?
b. Communications systems?
c. Water7
d. Sewer or septic tanks7
e. Storm water drainage?
f. Solid waste and disposal?
17. Human Health. Will the proposal result in:
a. Creation of any health hazard or pOtent!al, health 'h.azard.(excluding
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b.' Exposure of people t0'potential, health hazardS?
18. Solid Waste. Will the proposal create additional solid waste requiring
disposal by the City?
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xesthetics. Will the proposal result in the obstruction of any scenic vista or
view open to the public, or will the proposal result in the creation of an
aesthetically offensive site open to public view?
20. Recreation. Will the proposal result in an-impact upon the quality or
quantity of existing recreational opportunities?
21. Cultural Resources. Will the proposal result in:
a. The alteration of or the destruction of a prehistoric or historic
archaeological site?
b. Adverse physical or aesthetic cffects to a prehistoric or historic
building, structure, or object?
c. The potential to cause a physical change which would affect unique
ethnic cultural values?
YES MAYBE NO
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d.
Will the proposal restrict existing religious or sacred uses within the
potential impact area?
22. Mandato _fy Findings.of Significance.
YES MAYBE NO
ao
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? .... [--'1
bo
Does the project have the potential to achieve short-term, to the
disadvantage of long-term, environmental goals? (A short-term impact
on the environment is one which occurs in a relatively brief, definitive
period of time while long-term impacts will endure well into the
future).
c. Does the project have impacts which are individually.limited, but'
cumulatively considerable? (A project,..may impact on two or more ..
·
'"se.p~.:at'¢-reso,.urces: Where 'the .imp~ .ct on 'eachiresoti/:ce" js .relatiy'.e. ly'... ::' ,. :.. '.' ..'.......:....' .'. 'i......'.,.'
..small,'bUt where'{he effect °t~the i0tai:~)i~'th°ie.impacis:'0n the. """ '"'. '"" '
environment is significant.) . [---1 "~--~' '~---]
d. Does the project have environmental effects which will cause
substantial adverse effects on human beings, either directly or
indirectly?
II. DISCUSSION OF 'ENVIRONMENTAL EVALUATION
SEE ATTACHMENT A
IQ. D ETEI~VI-I~ATI O N ·
'~e basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on
the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a signific~t effect on
the environment; there will not be a significant effect in this case because
the mitigation measures described in Attachment A attached hereto have
been added to the project. A NEGATIVE DECLARATION WILL BE '
PREPARED.
I find the proposed project MAY have a significant effect on the
environment, and an ENVI2RONMENTAL IMPACT REPORT is required.
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' Name (Print)
Title
'7
SECTION III - DISCUSSION OF ENVIRONMENTAL EVALUATION
PROJECT DESCRIPTION - The proposed project is a Tentative Parcel
Map and Variance to subdivide an existing developed 3.824 acre
parcel located at 14272 Franklin Avenue into four parcels to permit
individual fee ownership of the three (3) industrial buildings
developed on the property. The Tentative Parcel Map is proposed to
create three 21,780 square foot numbered parcels .with property
lines set a minimum of 10 feet off the facades of the buildings,
and one 100,188 square foot lettered parcel for the remaining
property containing the common parking spaces and landscaping. The
Variance is proposed to deviate from two required development
standards of the subject Planned Community Industrial (PC-IND)
District regulations, including a reduction in minimum site size
from 30,000 square feet to 21,780 square feet and an increase in
maximum lot coverage from 50 percent to 69 percent. The General
Plan places a maximum Floor Area Ratio (FAR) on the subject site of
1.5:1 with an average FAR of .4:1 or 71,600 square, feet. The
· ..~existing...and~.propoSed. aver~e'Flo°r~.A~e~a~.Ratio.~will~..rema~n the.same . ...~.
'"'~ 'Ji'. a~. ,4':'f'.."~".'.a~p~Xma~fy'"~7i,'~b-~:..~'~" ~.~et.'..'¥Th~ '.~.~6p~%'~' w~s. "'". .?,'~
"developed in 1985. ' " · · '' " ·
The proposed Subdivision of the parcel into four (4) parcels does
not include any new development, as the site is currently developed
with three buildings, 222 parking spaces, landscaping and
miscellaneous site improvements that are proposed to remain. The
applicant's proposal does not include any further modifications to
the property.
The project site is situated in an urban setting.
development in all directions is also industrial.
Surrounding
.
EARTH - A throuqh G - "No" The project would not result in
any disruption, displacement, compaction or overcrowding of
the soil. The site is presently developed, and the proposal
does not include any new improvements. The project consists of
a four lot industrial subdivision and a variance request to
permit an increase in lot coverage from 50% to 69%. This
increase however is artificial and occurs because the proposed
subdivision creates smaller lots. The existing three
buildings will not be expanded and site will not be reduced.
No additional construction is proposed. Normally both the
subdivision and variance are exempt under the provisions of
the California Environmental Quality Act but taken together
require Negative Declaration. However both.applications will
not result in any degradation of earth resources.
Sources: City of Tustin Community Development Department
Submitted Application
Mitigation/Monitoring: None required.
Exhibit A - Discussion of Environmental Evaluation
TPM 95-115 & VAR 95-003
August 14, 1995
Page 2
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AIR - A throuqh C - "No" The project would not result in any
degradation of existing air quality based upon SCAQMD
guidelines for preparation of EIRs. The project consists of
a four lot industrial subdivision normally exempt under the
provisions of the California Environmental Quality Act section
15315. The variance requested is to permit an increased 'in
lot coverage from 50% to 69%· The existing three buildings
will not be expanded and site will not be reduced. No
additional construction is proposed.
Sources: SCAQMD standards for preparing EIR documents
City of Tustin Community Development Department
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WATER - A thr0uqh I - "No" The project'would not result in
any additional change to absorption rates, water movement,
flood waters, discharge into surface waters, flow of
groundwater, quantity of ground water, or water consumption·
The site is presently developed, and the proposal does not
include any new improvements· The project consists of a four
lot industrial subdivision and a variance request to'permit an
increase in lot coverage from 50% to 69%. The existing three
buildings will not be expanded and site will not be reduced.
No additional construction is proposed·
Sources: City of Tustin Community Development Department
City of Tustin Public Works Department
Mitigation/Monitoring: None required.
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PLANT LIFE - A'throuqh'D - "No" The project would not result
in any additional changes to plant life. The site is
presently developed, and the proposal does not include any new
improvements, The project consists of a four lot industrial
subdivision and a variance request to permit an increase in
lot coverage from 50% to 69%. The existing three buildings
will not be expanded and site will not be reduced· No
additional construction is proposed.
Sources: Field Observations
Submitted Application
Mitigation/Monitoring: None required·
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Exhibit A - Discussion of Environmental Evaluation
TPM 95-115 & VAR 95-003
August 14, 1995
Page 3
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ANIMAL LIFE - A throuqh D - "No" The project, would not result
in any change to animal life. The site is presently developed
and the proposal does not include any new improvements.
Sources: Field Observations
Submitted Application
Mitigation/Monitoring: None required.
NOISE - A and B - "No" The project would not result in
degradation of existing noise standards· The site is
presently developed,-and the proposal does not include any new
.~provem..en~s....~he project'.consists..of a. four lot industrial.
"' s~bdielsio~"a~d"a.'v~r~ah~ ~equ~t.'~6'.pe~i.t '"""."' ...... .'.'.
..... an 'lncrea-~e .in'.
lot coverage.from 502 tO 69%.. The eXisting three buildings
will not be expanded and site will not be reduced. No
additional construction is proposed.
Source: City of Tustin Noise Ordinance
Mitigation/Monitoring: None required.
LIGHT AND GLARE - "No" The project would not result in
additional light and glare. The site is presently developed,
and the proposal does not include any new improvements which
would cause any light and glare.
Source:
City of Tustin Community Development Department
Submitted Application
Mitigation/Monitoring: None required.
LAND USE - "No" The proposal would not result in any
alterations to the existing land use of the subject property.
The subject site is developed with three buildings, 222
parking spaces, landscaping and miscellaneous site
improvements that are proposed to remain.
The project consists of a four lot industrial subdivision and
a variance request to permit an increase in lot coverage from
50% to 69%. The existing three buildings will not be expanded
and site will not be reduced. The proposal does not include
any new improvements or land uses. The present zoning is PC-
Industrial. The General Plan Land Use Element designation is
Planned ~ommunity-'Com~unity Business.
Exhibit A _ Discussion of Environmental Evaluation
TPM 95-115 & VAR 95-003
August 14, 1995
Page 4
Source:
City of Tustin Community Development Department
General Plan, and Zoning and Subdivision Ordinance
Irvine Industrial Complex District Regulations
Mitigation/Monitoring: None required.
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NATURAL RESOURCES - A and B - "No" The project would not
result in any additional use of natural resources. The site
is presently developed, and the proposal does not include any
new improvements.
Source:
citY of Tustin 'Community 'Development 'Department
Mitigation/Monitoring:. None required.'
· .'~'....... . :... '.'... · . ·.. :'... .... -. ~. : . . . .. .- . . .~ .. . . · ... .
10. '"RIsK'oF UPSET - A and B - "No" 'The project would not resUlt
in any additional risk of upset. The site is presently
developed, and the proposal does not include any new
improvements.
Sources: City of Tustin Building Division
Orange County Fire Authority
Mitigation/Monitoring: None required.
11. POPULATION - "No" The project would not result in any
additional population. The site is presently developed, and
the proposal does not include any new improvements.
Residential units or uses are not a part of this proposal.
Sources: Submitted Application
Community Development Department
Mitigation/Monitoring: None required.
12. HOUSING - "No" The project would not result in the addition
or deletion of any housing as residential uses are not part of
this proposal. The site is presently developed, and the
proposal does not include any new improvements.
Source: Submitted Application
Mitigation/Monitoring: None required.
13. TRANSPORTATION AND CIRCULATION - A through F - "No" The
project would not result in any impacts to the transportation
and circulation system within the area. The site is presently
developed, and the proposal does not include any new
improvements.
Exhibit A - Discussion of Environmental Evaluation
TPM 95-115 & VAR 95-003
August 14, 1995
Page 5
Traffic circulation was reviewed when the subject site was
developed and road improvements constructed. The proposed
project will not necessitate any new circulation improvements
since no new construction or land uses are proposed
Sources: .City of Tustin Public Works Department
City of Tustin Community Development Department
Mitigation/Monitoring: None required.
14. PUBLIC SERVICES - A throuqh F - "No" The project will not
require additional public services. The site is presently
developed, and the proposal does not include any new
improvements. ...
Sources: City of Tustin Community Development Department
City of Tustin Public Works Department
City of Tustin Police Department
Orange County Fire Authority
Mitigation/Monitoring: None required.
15. ENERGY - A and B - "No" The project would not require any
additional energy. The site is presently developed, and the
proposal does not include any new improvements.
Sources: City of Tustin Public Works Department
Mitigation/Monitoring: None required.
16. UTILITIES - A throuqh F - "No" The project would not require
any additional utilities services. The site is presently
developed, and the proposal does not include any new
improvements.
Source: City of TUstin Public Works Department
Mitigation/Monitoring: None required.
17. HUMAN HEALTH - A and B - "No" The project would not
negatively affect human health. The site is presently
developed, and the proposal does not include any new
improvements.
Sources: City of Tustin Building Division
Orange County Fire Department
Mitigation/Monitoring: None required.
Exhibit A - Discussion of Environmental EvaluatiOn
TPM 95-115 & VAR 95-003
August 14, 1995
Page 6
18. SOLID WASTE - "No" The project would not create additional
solid waste. The site is presently developed, and the
proposal does not include any new improvements.
Sources: City of Tustin Public Works Department
Submitted Application
Mitigation/Monitoring: None required.
19. AESTHETICS - "No" Theproject would not impact the aesthetics
of the area. The site is presently developed, and the
proposal does not include any new improvements.
Source: 'City of Tustin'Community Development Department
Mitigation/Monitoring: None required.
20. RECREATION - "No" The project Would not impact recreation
needs of the area. The site is presently developed, and the
proposal does not include any new improvements.
Sources: Field Observations
Submitted Application
Mitigation/Monitoring: None required.
21. CULTURAL RESOURCES - A throuqh D - "No" The project would not
~affect cultural resources of the area. The site is presently
developed, and the proposal does not include any new
improvements. The property is not listed in the City's
Historical Survey.
Sources: Submitted Application
Historical Survey
Mitigation/Monitoring: None required,
22. MANDATORY FINDINGS OF SIGNIFICANCE - A throuqh D - "No"
a.
The proposed project would not have the potential to
degrade the environment or habitat of significant animals
or periods in California History as the subject site is
a developed site.
Exhibit A - Discussion of Environmental Evaluation
TPM 95-115 & VAR 95-003
August 14, 1995
Page 7
be
Ce
de
The proposed project would not have the potential to
achieve short-term, to the disadvantage of long-term,
environmental goals.
The proposed project would not result in cumulative
impacts.
The proposed prOject would not result in any adverse
effect on human beings, either directly or indirectly
based upon the analysis conducted in the preparation of
this Initial Study.
Sources: Items 1 through 21 of this Initial Study
Submitted Application
Mitigation/Monitoring: None required.
tpm95115.ENV
RESOLUTION NO. 95-81
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CERTIFYING THE FINAL NEGATIVE DECLARATION
AS ADEQUATE FOR TENTATIVE PARCEL MAP 95-115
INCLUDING REQUIRED FINDINGS PURSUANT TO 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:
ae
Tentative Parcel Map 95-115 is considered a
"project" pursuant to the terms of the California
Environmental Quality Act (CEQA).
Be
A Negative Declaration has been prepared for this
project and has been distributed for public review.
Ce
Whereby, the City Council 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.
De
The City Council has evaluated the proposed final
Negative Declaration and 'determined it to be
adequate and complete.
II. A Final Negative Declaration has been completed in
compliance with CEQA and State guidelines. The City
Council, having final authority over Tentative Parcel Map
95-115 has received and considered the information
contained in the Negative Declaration, prior to
recommending approval of the proposed project, and found
that it adequately discussed the environmental effects of
the proposed project. On the basis of the initial study
and comments received during the Public review process,
the City Council has found that the proposed projects
would not have a significant effect on the environment.
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Resolution No. 95-81
Page 2
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tustin, California, held on the 18th day of
September, 1995.
JIM POTTS
Mayor
Pamela Stoker
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR RESOLUTION NO. 95-81
Pamela Stoker, City Clerk and ex-officio Clerk of the'.City
Council of the City of Tustin, California, does hereby certify
that the whole number of the members of the City Council of
the City of Tustin is 5; that the above and foregoing
Resolution No. 95-81 was duly and regularly introduced,
passed, and adopted at a regular meeting of the Tustin City
Council, held on the 18th day of September, 1995.
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER:ABSENT:
Pamela Stoker
City Clerk
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RESOLUTION NO. 95-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP
95-115, A REQUEST TO SUBDIVIDE ONE 3.824 ACRE
INDUSTRIAL PARCEL INTO THREE NUMBERED PARCELS AND
ONE LETTERED PARCEL ON THE PROPERTY LOCATED AT
14272 FRANKLIN AVENUE
The City Council of the City of Tustin does hereby resolve as
follows:
I. The City Council finds and determines as follows:
ae
That Tentative Parcel Map 95-115 was Submitted to
the City Council by Williamson and Schmid, for
consideration.
Be
That a public hearing was duly noticed, called and
held on said application by the Planning Commission
on August 28, 1995 and City Council on September
18, 1995.
Ce
That the project will not have a significant effect
on the environment in that a Negative Declaration
has been prepared pursuant to the provisions of the
California Environmental Quality Act.
De
That the proposed subdivision is in conformance
with the Tustin Area General Plan, Subdivision Map
Act as it pertains to the development of industrial
development.
Ee
That the site is physically suitable for the type
of development proposed.
F®
That the site is physically suitable for the
proposed density of development.
Ge
That the design of the subdivision or the proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidably
injure fish or wildlife in their habitat.
He
That the design of the subdivision or the type of
improvements proposed will not conflict with
easement acquired by the public at large, for
access through or use of the property within the
proposed subdivision.
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Resolution No. 95-82
Page 2
I ·
That the design of the subdivision or the types of
improvement proposed are not likely to cause
serious public health problems.
II. The City Council hereby approves Tentative Parcel Map 95-
115, for the property located at 14272 Franklin Avenue
and subject to conditions contained in Exhibit A of
Planning Commission Resolution 3379, incorporated herein
by reference.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tustin, California, held on the 18th day of
September, 1995.
JIM POTTS
Mayor
Pamela Stoker
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR RESOLUTION NO. 95-82
Pamela Stoker, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby certify
that the whole number of the members of the City Council of
the City of Tustin is 5; that the above and foregoing
Resolution No. 95-82 was duly and regularly introduced,
passed, and adopted at a regular meeting of the Tustin City
Council, held on the 18th day of September, 1995.
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER:ABSENT:
Pamela Stoker
City Clerk
EXHIBIT A
TENTATIVE PARCEL MAP 95-115
CONDITIONS OF APPROVAL
RESOLUTION NO. 95-82
GENERAL
(1) 1.1 The proposed project shall substantially conform
with the submitted plans date stamped September 18,
1995 on file with the Community Development
Department as herein modified or as modified by the
Director of Community Development' in accordance
with this Exhibit. The' Director of Community
Development may also approve subsequent minor
modifications to plans during plan check.
(1) 1.2 The applicant shall sign and return an Agreement to
Conditions Imposed form prior to City Council
review of subsequent land use applications.
(1) 1.3 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) 1.4 Prior to sale of the lots, the Subdivider shall
record a final map in conformance with appropriate
tentative map.
(1) 1.5 Tentative Parcel map approval shall become null and
void unless all building permits are issued within
twenty four (24) months of the date of this
Exhibit, unless time extensions are granted.
ENGINEERING/PUBLIC WORKS DEPARTMENT
(5) 2.1 Preparation and recordation of a final parcel map
will be required.
(5) 2.2 The Subdivider shall execute a monumentation
agreement and provide a bond to the City, to
guarantee that all monuments will be set in the
field per the final parcel map.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW (8) MUNICIPAL CODE
**** EXCEPTION
Exhibit A
Resolution No. 95-82
Page 2'
(5) 2.3 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, record 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 acceptable
formats shall be Intergraph DGN or Auto Cadd DWG
file format, but in no case less than DXF file
format. The City'of Tustin CADD conventions shall
be followed in preparing plans in CADD, and these
guidelines are. available from the Engineering
Division.
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.
(5) 2.4 Prior to final map approval:
ao
Subdivider shall submit a current title
report.
Be
Subdivider shall submit a duplicate mylar of
the Final Map, or 8½ inch by 11 inch
transparency of each map sheet prior to final
map approval and "as built" grading, landscape
and improvement plans prior to certificate of
acceptance.
Ce
Subdivider shall conform to all applicable
requirements of the State Subdivision Map Act
and the City's Subdivision Ordinance.
CC&R's
(1) 3.~ Prior to approval of the final map, all
organizational documents for the project including
any deed restrictions, covenants, conditions, and
restrictions shall be submitted to and approved by
the Community Development Department and City
Attorney's Office. Costs for such review shall be
borne by the subdivider. A copy of the final
documents shall be submitted to the Community
Development Department after their recordation.
CC&R's shall include but not be limited to the
following provisions:
Ekhibit A
Resolution No. 95-82
Page 3
A®
Since the City is interested in protecting the
public health and safety and ensuring the quality
and maintenance of common areas under control of an
Association, the City shall be included as a party
to the CC&R's for enforcement purposes of those
CC&R provisions, in which the City has interest,, as
reflected by the following B through K. However,
the City shall not be obligated to enforce the
CC&R's.
B. That Association bylaws be established.
Ce
Provisions for effective establishment, operation,
management, use, repair and maintenance of all
common areas and facilities including landscaped
areas, parking areas, walls and fences, private
roadways, trash enclosures and sidewalks.
De
Membership in any Association shall be inseparable
from ownership in individual lots.
Eo
Maintenance standards shall be provided for
applicable items .listed in Section C above in
CC&R's. Examples of maintenance standards are
shown below:
I ·
Ail common area landscaping visible from any
public way shall be properly maintained such
that they are evenly cut, evenly edged, free
of bare or brown spots, free of debris and
free of weeds above the level of the lawn.
Ail planted areas other than lawns shall be
free of weeds, dead vegetation and debris.
All trees and shrubs shall be trimmed so they
do not impede pedestrian traffic along the
walkways. Trees shall be pruned so they do
not intrude into neighboring property and
shall be maintained so they do not have
droppings or create other nuisances to
neighboring property. All trees shall also be
root pruned to eliminate exposed surface roots
and damage to sidewalks, driveways, and
structures.
·
Ail private roadways, parking lots,, pavement,
sidewalks and paseos shall be maintained so
that they are safe for users. Significant
pavement cracks, pavement distress, excessive
slab settlement, abrupt vertical variations
and debris on travel ways should be removed or
repaired promptly.
Exhibit A
Resolution No. 95-82
Page 4
·
Common areas shall be maintained in such a
manner as to avoid the reasonable
determination of a duly authorized official of
the City that a public nuisance has been
created by the absence of adequate maintenance
such as to be detrimental to public health,
safety, or general welfare, or that such a
condition of deterioration or disrepair cause
harm or is materially detrimental to property
values or improvements within three hundred
(300) feet of the property may also be added
as alternative language.
F·
Parking spaces shall not be permanently or
irrevocably assigned to any individual unit, tenant
or building. A minimum of 222 parking spaces shall
be maintained on the property, based upon current
design of the site.
G·
Ail utility services serving the site ~hall be
installed and maintained underground.
He
The Association shall be required to file the name,
address, and telephone number of at least one
member of the Association Board and where
applicable, a Manager of the project before January
1st of each year, with the City of Tustin Community
Development Department for the purpose of
contacting the Association in the case of emergency
or in those cases where the City has an interest in
CC&R violations.
I ·
No amendment to alter, modify, terminate or change
the Association's obligation to maintain the common
areas and the Project perimeter wall (include if
the wall is located on private property) or other
CC&R provisions in which the City has an interest,
as noted above, or to alter, modify, terminate or
change the City's right to enforce maintenance of
the common areas and maintenance of the project
perimeter wall, shall be effective without the
prior written approval of the City' of Tustin
Community Development Department.
Exhibit A
Resolution No. 95L82
Page 5
FIRE AUTHORITY
(5) 4.1 Prior to the issuance of any final parcel map,
submit to the Fire Chief evidence of the on-site
fire hydrant system and indicate if public or
private. If the system is private, provision shall
be placed in the CC&R's for the repair and
maintenance of the system.
FEES
(1) 5.1 The applicant shall submit to the City of Tustin a
$1,110 Final Parcel Map fee and a $190 CC&R Review
fee. The CC&R Review fee includes one (1) initial
check and one (1) recheck of the document.
However, should the CC&R's require subsequent
review an hourly rate will be charged to the
project at a rate of $150 per hour for the City
Attorney and $50 per hour for Planning Staff.
(1) 5.2 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
$25.00 (twenty-five dollars) to enable the City to
file with the County Clerk, the appropriate
environmental documentation pursuant to the
California Environmental Quality Act. If within
such 'forty eight (48) hour period, the applicant
has not delivered to the Community Development
Department the above noted check, the approval for
the project granted herein shall be considered
'automatically null and void.
• MONUMENTATION •
AGREEMENT pA ,, � //
This agreement made and entered into this /0 4-11 day ofM wml-3r, 1915, by and between I i -Vou,
y'1 N f f l 4 (Av . hereinafter referred to as "Subdivider" and the City of Tustin, a municipal
corporation, hereinafter referred to as "City".
WHEREAS, Subdivider has prepared and offered to City for acceptance a final map of Parcel Map No.
95-115; and
WHEREAS, Section 66495 of the Government Code requires that monuments be set by Subdivider
before recordation of a final map or that Subdivider contract for and bond such obligations.
NOW, THEREFORE, Subdivider hereby agrees to furnish and install all monuments for Parcel Map
No. 95-115 on or before ,//Ol/. a0 , 19, in accordance with the provision of law, and furnishes a
bond/cash in the sum of two thousand five hundred dollars & 00/100 .
CITY OF TUSTIN
BY: 414.7)%� ,
MAYOR
SUBDIVIDER
BY: I
Corporation Acknowledgement
EXHIBIT "B"
f •
411' •
•
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
//-��
) ss:
COUNTY OF ORANG,F
n On this Ty N day of / u nm bQ,r' , 19 95, before me,
l :fica L T, / Y/Lti , Notary Public, personally appeared
DAvns. 2A1C
N.ma.l ar sue+(•)
personally known to me - OR
proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized .capacity(ies) , and that
by his/her/their signature(s) on the instrument the person(s) ,
or the entity upon behalf of which the person(s) acted,
executed the instrument.
Witness my hand and officia seal.
NOTARY SEAL ;ire �� CHERYL J.BYRNE - �// L � rl /
COMM.i 9E3512
p,L 53,:"J Notary Public-California alifo S°= • - -u re--
o 3 o W
ORANGEcoumr
My Comm Expires JAN 91.1997
CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies)
Individual(s)
X Corporate TR Roil TUsriti1 YeC f CnRf
Officers \Ate Pre9,ickfyrr
Title(s)
Partner(s)
General Partner of a Limited
Partnership
•
Attorney-in-Fact
Trustee (s)
Subscribing Witness
Guardian/Conservator
Other:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE
RIGHT:
Title or Type of Document: /Ylnn u rnern -u.fi vy\ a('yroO'rcycrYI
Number of Pages: / Date of Document: 11-10-9*
Signer (e) Other Than Named Above:
ame, Kl14c{ -f. - t/74.\----A-c Initial /�J ddress` aft /O/ O/ �D •-1 • Ck # //�/
ity ', L �,,: �GI 9,9�o Yo
treet & Curb Petmits 013441 010-300-0000-3441
11111 1111111111 11111 11111 11111 IIII 1111
anitation Dist. Loan 201502 200-205-0000-1502
1 111111111 11111 III 11 11111 I 1111 1111 1111 . •
awer Connection Fees 204773 200-300-0000-4773
1 1111 11111 11111 11111 II III 11 1 11 1111 1111
rip Reduc. Trans Mgt Fee .0114410 010-300-0000-4410
1111111111 IIIII IIIII 11111 111111111 1111
?apportionment Fee 86-2 484787 480-300-0000-4787
Illll 111111111111111111111111111111111
?apportionment Fee 85-1 544787 540-300-0000-4787
1 1111 11111 11111 11111 11 1 11 11111 11 11 1111
?stern / Foothill Corridor 011616 010-205-0000-1616
11111 11111 11111 11111 11111 11111 1111 11 11
ips, Plans & Publications 014444 010-300-0000-4444
11111 1 1111 11111 11111 11111 11111 1111 1111
ties Tax 011601 010-205-0000-1601
11111 1111 11111 11111 11111 1 1111 fill 1111
7ersized Load Permit 013443 010-300-0000-3443
11111 1111111111111111111111111 IIIIIIIl
!fundable Deposit 5016 500-205-0000-1604
11111 1IIIi 111111111111111111111111 111l ,9506
_ Camino Rents 099294 090-300-0000-9294
HUITT-ZOLLARS, INC. 1161
(714) 259-7900 si
15101 RED HILL AVE. //� ��ff
�T1 TIN, CA 92680 Y /� �` �j)/,1 19 95-11-262—A _
OTHE Q ^/
TWO 4 ii UI MI . '_�JL1 i ° /n, L
- - / Y� i"`/ `-f\\--_ DOLLARS
IRVINE CORPORATE • ER OFFICE
WELLS FARGO BANK I.
2030 MAIN STREET.IRVINE.CA 92714
OR nln9Hmenj4 icn gosh-- 10•510g I 14.__. -.-- . t:1-.\- '.
v 0 0 1 L 6 L H° 1: 1 2 2000 2471:0660 02987011'
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