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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 · o LOCATION. MAP~,,..~? · · · < / '. .. .....'. . .'. . .. .., ... . ,' ....:.;. .:. ., · ...... ,.. .-.,' , SANTA ANA FREEWAY NO SCALE -. :. :. -'.~.,, . ~ ';~.' '&-.,: ~.~ z/ "~ -' .:'!i,~'~ ~ ' ~ -: .... .'~ ,. ... o. ,. COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial [Fay, Tustin, C~4 92680 (714) 573-3105 NEGATIVE DECLARATION Project Description: Project Proponent: ~d ~en, Contact Person:. . ,:,':..~: ......,:......::.'.....:,.:.,..,.,........~..] ..-....', :.}}'::. ';,';:. ".. ,,.....:. ~: ...(... :..,..... · ...,'.:-..,.-... · · ' ' .'. · .. · , '. ,.~' . .. '. -' ~ '.e'} ,,.. ..~ ',~ . . .'.',.., ''....' : , · . . '. ·,~ · .... ... .. '. · . . · . ' · . · , '. 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? '[--"]' · · . .. . 2. Air. Will the proposal result in: MAYBE NO . · · 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 .:.: ,:'. . '.... '...., .' ' · . . ..:.:.. .. . ... · .. .... .. :.' .' . . : .~..'..'.., ~.....,. .'. .'~'..... · ..... .. . . .. 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-" · 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. ·.o · . . 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? · ~ .'..' ' . ' ..': '~:i.'. '. '. '6. '"Iqoise. '~ll"the propo§al result in:' ' "' a. Increases in existing noise levels? b. Exposure of people to severe noise levels? 'i.."..'..". :.".., ',".. ! :. ::.; :.,., . . :: ..:.': ...... .. . · . · . . 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? .. · . 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? · · 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? .... :.: ~.',: ;'~..'.,-: ....,..,.:. '. . . · ......) .. .... .... ......-~ '..'.'-.::.i:... i :i':.'.: ":: .' ":'..". "."~- ..... '.'.~ "','. ~'."::"'.' '".-'." ."'. .... · ..... ',,' .:' ...;':... · ~ ..:' 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 · ::.....'.;...,rnental.heal'.th).~ ... ':....'.-..: .:..., ..:,.~.........., ?........ :.... ,,?..~.. ::..:::.: ...? .......::: .:,.'.... · '." .- . ..... : .... · . ... .. .". '" .'.~.~. '.. : .'.'':.. · ... ..... b.' Exposure of people t0'potential, health hazardS? 18. Solid Waste. Will the proposal create additional solid waste requiring disposal by the City? _ 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 · 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. · : · - ' ;'' i ..... ~:' · · ' 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 · 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 · · 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. · 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· .. · . . · · · Exhibit A - Discussion of Environmental Evaluation TPM 95-115 & VAR 95-003 August 14, 1995 Page 3 · . . o 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. · 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 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 27 28 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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' TOTAL Q I.Sdd