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HomeMy WebLinkAbout04 DR 03-014, CUP 03-013Report to the ~M #4 Planning Commission DATE: SUBJECT: APPLICANT: PROPERTY OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: 1) 2) 3) AUGUST 11, 2003 DESIGN REVIEW 03~14 AND CONDITIONAL USE PERMIT 03~)13 TENTATIVE PARCEL MAP 2003-169 RUSS WERDIN WERDIN CORPORATION 4100 MAC ARTHUR BOULEVARD, SUITE 310 NEWPORT BEACH, CA 92660 SBC/PAClFIC BELL 16755 VON KARMAN AVENUE, SUITE 130 IRVlNE, CA 92606 ATTN: MICHAEL JOHZ 15151 WOODLAWN AVENUE PACIFIC CENTER EAST SPECIFIC PLAN A NEGATIVE DECLARATION HAS BEEN PREPARED IN CONFORMANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPROVAL OF DESIGN REVIEW 03-014 FOR SITE DEVELOPMENT, ARCHITECTURAL DESIGN, AND LANDSCAPE DESIGN FOR DEVELOPMENT OF A 57,161 SQUARE FOOT OFFICE COMPLEX; APPROVAL OF CONDITIONAL USE PERMIT 03-013, AN AMENDMENT TO CONDITIONAL USE PERMIT 84-20 TO ACCOMMODATE THE DEVELOPMENT OF A 57,161 SQUARE FOOT OFFICE COMPLEX WITHIN PLANNING AREA 8 OF THE PACIFIC CENTER EAST SPECIFIC PLAN; AND, APPROVAL OF TENTATIVE PARCEL MAP 2003-169 TO SUBDIVIDE LOT "2" OF LOT LINE ADJUSTMENT 03-002 INTO CONDOMINIUM SUBDIVISION TO ACCOMMODATE THE DEVELOPMENT OF CONDOMINIUM OFFICE COMPLEX. Planning Commission RepoK DR 03-014, CUP 03-013 ^ugust11,2003 Page 2 RECOMMENDATION That the Planning Commission: Adopt Resolution No. 3888 adopting the Final Negative Declaration for Design Review 03-014, Conditional Use Permit 03-013, and Tentative Parcel Map 2003-169 to accommodate the development of a 57,161 square foot condominium office complex at 15151 Woodlawn Avenue; Adopt Resolution No. 3889 approving Conditional Use Permit 03-013, an amendment to Conditional Use Permit 84-20, and Design Review 03-014 for site development, architectural design, and landscape design of the proposed 57,161 square foot office complex at 15151 Woodlawn Avenue; Adopt Resolution No. 3890 recommending that the City Council approve Tentative Parcel Map 2003-169 to subdivide Lot "2" of Lot Line Adjustment 03-002 for condominium purposes. BACKGROUND The project site is a 3.558-acre vacant area at the southwest corner of the SBC/Pacific Bell administrative office complex. The 3.558-acre site is part of a 20-acre parcel also known as a portion of Lot 66 of Block 10 of Irvine's Subdivision and described in Record of Survey 83-1189 located at 1442 Edinger Avenue. SBC/Pacific Bell is processing a Lot Line Adjustment (under separate application) to convey the 3.558-acre vacant site to the Werdin Corporation to accommodate the proposed development. The project site is zoned Planned Community District and is regulated by the Pacific Center East Specific Plan (PCESP). The project site is designated by the PCESP as Office Center and is located within Planning Area 8. The Office Center land use designation provides for professional and corporate office areas and is intended for the development of corporate, professional, and general offices with limited supporting commercial uses. The Pacific Center East Specific Plan was enacted through adoption of Ordinance No. 1057 (Zone Change 90-04) on February 19, 1991, and amended by Ordinance No. 1125 (Zone Change 94-001) on June 6, 1994. Prior discretionary entitlements approved for the SBC/Pacific Bell office complex include: Conditional Use Permit 84-20 for the construction of four (4) freestanding office buildings totaling 449,040 square feet; Amendment to Conditional Use Permit 84-20 authorizing the construction of an 8,000 square foot mechanical equipment facility/employee fitness center; and, Planning Commission Repo~ DR 03-014, CUP 03-013 August11,2003 Page 3 Variance No. 89-03 authorizing the installation of two (2) wall signs of approximately 50 square feet each. Site and Surrounding Properties The area surrounding the site is comprised largely of light industrial and office uses. The site is near the SR-55 Freeway, and primary access to the site is provided from the SR-55 via Edinger Avenue, Redhill Avenue, and Industrial Drive (Attachment 1 - Location Map). DISCUSSION The proposed project involves construction of eleven (11) tilt-up buildings to accommodate office uses under individual condominium ownership, an amendment to Conditional Use Permit 84-20 by reducing the amount of entitlement for the SBC/Pacific Bell site from 449,040 square feet to 232,520 square feet, and a Tentative Parcel Map to subdivide the site to create condominium ownership for each building. The proposed development complies with the development standards for an Office Center and each building will contain offices and storage areas as follows: Building No. Offices Storage Total Building Area 1 4,054 1,352 5,406 SF 2 3,250 1,084 4,334 SF 3 3,250 1,084 4,334 SF 4 3,250 1,084 4,334 SF 5 3,250 1,084 4,334 SF 6 4,054 1,352 5,406 SF 7 3,800 1,267 5,067 SF 8 3,800 1,267 5,067 SF 9 4,433 1,478 5,911 SF 10 4,863 1,621 6,484 SF 11 4,863 1,621 6,484 SF Total 57,161SF Site Plan The site is designed with eight buildings that are paired together and three buildings that are freestanding. The site would have two main access points from Industrial Drive and Woodlawn Avenue and are designed with decorative pavements as suggested by the PCESP. Each building would have accessible path of travel and accessible parking space(s) close to the main entrance. The fire access lane loops around the entire site starting from once entrance at Industrial Drive and ending at the other entrance along Woodlawn Avenue. Planning Commission Repo~ DR 03-014, CUP 03-013 August11,2003 Page 4 Architecture The proposed buildings are designed in contemporary-style architecture complementary to the design of the Pacific Bell office complex. The buildings are designed with a flat roof and stucco walls thirty (30) feet in height. The walls are enhanced with a repeated pattern of window glazing along the main entrances. The walls are also accented with % inch reveals and recessed banding around the building perimeter. The main entrances include metal clad canopy with steel suspension rods and decorative brackets (Attachment 2 - Submitted Plans). Three (3) shades of beige colors are proposed for the buildings, and the metal canopies will be painted with Silver Cloud for accent color. Although the submitted elevation drawings do not show building lighting for the entrances or walls areas, condition 2.2 is included to require submittal of a lighting plan with specifications for all exterior light fixtures. Landscaping The PCESP calls for a specific streetscape concept that requires landscape treatment within a 25-foot setback and installation of certain types of street trees. London Flame trees are proposed along Industrial Drive and Woodlawn Avenue as suggested by the PCESP. Weeping Acacia, Australian Willows, or African Sumac will be planted through- out the parking area. Condition No. 1.15 is included to require a precise landscape and irrigation plan to be submitted for review and approval prior to issuance of building permits. Parking The PCESP requires one (1) parking space for each 250 square foot office area and one (1) parking space for each 1,000 square feet of storage area. The project consists of a total of 42,867 square fee of office areas and 14, 294 square feet of storage areas. Based upon the required ratio, a total of 188 parking spaces would be required and 190 spaces would be provided. The Engineering Department compared the proposed office use to the previously completed traffic analyses for the PCESP which was based on office land use assumption. The trip generation comparison concluded that the proposed office use would have the same trip generation potential as the analyses contained in the EIR for PCESP. Since the proposed project is not expected to result in increases in trip generation and the same type of land use is proposed, no parking or traffic impact is anticipated. Conditional Use Permit/Amendment to Conditional Use Permit 84-20 Conditional Use Permit 84-20 approved on September 24, 1984 and amended on April 10, 1989, authorized the construction of four (4) freestanding office buildings totaling Planning Commission Repo~ DR 03-014, CUP 03-013 August11,2003 Page 5 449,040 square feet and an 8,000 square foot mechanical equipment facility/employee fitness center on the Pacific Bell office complex, respectively. Since then, only two (2) buildings with a total of 224,520 square feet of building area and an 8,000 square foot mechanical equipment facility/employee fitness center were built. The amendment to CUP 84-20 would reduce the amount of entitlement to the current building areas of 232,520 square feet. Although PCESP would allow for a maximum threshold of 454,700 square feet of office area within Planning Area 8, any new structure would be required to obtain its own respective entitlement. With the construction of the proposed 57,161 square foot condominium office complex and the existing 232,520 square foot SBC office complex, a total of 165,019 square foot office area remains for Planning Area 8. Phasing Schedu/e As part of the mitigation measures for potential traffic impacts associated with the development within PCESP, a phasing schedule was created to ensure appropriate improvements are readily available to accommodate the anticipated development within the specific plan area. The amount of development that may receive building permits or Certificates of Occupancy is tied to a sequence of circulation improvements. Any new development would be subject to fair share fees to be determined following the completion of a Fee Program related to traffic improvements for the PCESP. Condition No 1.9 is included to require the property owner(s) to pay their fair share fees upon the completion and/or adoption of the Fee Program. ENVIRONMENTAL ANALYSIS A draft Initial Study and a Negative Declaration were prepared for the proposed development and site improvements and were available for public review from July 21, 2003, to August 9, 2003 (Exhibit A of Resolution No. 3888). All potential impacts can be reduced to a level of insignificance through mitigation measures adopted for the PCESP, which are included as conditions of approval for the project. Staff has received no written public comments. ANALYSIS A decision to approve the design review, conditional use permit, and tentative parcel map may be supported by the following findings: The proposed buildings comply with the development standards and requirements of the Pacific Center East Specific Plan as related to office center development; The proposed project as conditioned will not have a negative effect on the surrounding properties or owners in that the on-site circulation of the site would remain similar to existing. The proposed development would provide adequate Planning Commission Repo~ DR 03-014, CUP 03-013 August11,2003 Page 6 on-site parking to accommodate the proposed condominium office complex. The proposed massing, scale, and architectural design of the proposed building are compatible with the setting and similar to other buildings within Pacific Center East Specific Plan. The proposed subdivision for condominium purposes is consistent with the development standards for Office Center designation and the Subdivision Map Act. J u~sti~l~ Willkom Associate Planner Elizabeth A. Binsack Community Development Director Attachments: Attachment 1 - Location Map Attachment 2 - Submitted Plans Attachment 3 - Resolutions 3888, 3889, 3890 Attachment 1 Location Map LOCATION MAP PROJECT NO. ADDRESS 1)R O'~...OIq cut:' 03.-013 ,-[Tm ZOO3.-' Ibq -Tg$fl~, cA 'l'Z7go Attachment 2 Submitted Plans S0-~,-Z0 -I¥.LLI~AS E)NINNV'Id ~I~OOqV~ ....... ~I=IJ-N:IO SS3NISI'I8 Ol-IIOVd ~'SN~ a~ :e'ONV Z il ~13.1.N30 SS:4NISIgB OlJlOYd ~ ~t3.1.N30 SS3NISI~8 OI=IIOYd ~ SO't,I.'ZO 'IV.LLII, NBAS~ 9NINN"~'IH Attachment 3 Planning Commission Resolution Nos. 3888, 3889, and 3890 RESOLUTION NO. 3888 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR DESIGN REVIEW 03-014, CONDITIONAL USE PERMIT 03-0'13, AND TENTATIVE PARCEL MAP 2003-169 FOR THE DEVELOPMENT OF A 57,161 SQUARE FOOT CONDOMINIUM OFFICE COMPLEX AT '15'151 WOODLAWN AVENUE, AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: That Design Review 03-014, Conditional Use Permit 03-013, Tentative Parcel Map 2003-169 are considered a "project" pursuant to the terms of the California Environmental Quality Act. An Initial Study and Negative Declaration has been prepared for this project and distributed for public review. The Initial Study/Negative Declaration evaluated the implications of the proposed project. The Planning Commission of the City of Tustin has considered evidence presented by the Community Development Director and other interested parties with respect to the subject Negative Declaration. The Planning Commission has evaluated the proposed Final Negative Declaration and determined that, with incorporation of the mitigation measures as conditions of approval, the project would not have a significant effect on the environment. II. A Final Negative Declaration, attached hereto as Exhibit A (attached Negative Declaration), has been completed in compliance with CEQA and State guidelines. The Planning Commission has received and considered the information contained in the Negative Declaration prior to approving Design Review 03-014, Conditional Use Permit 03-013, Tentative Parcel Map 2003-169 and found that it adequately discusses the environmental effects of the proposed project. On the basis of the initial study and comments received during the public hearing process, the Planning Commission finds that there will not be a significant effect as a result of the project. Resolution No. 3888 Page 2 In addition, the Planning Commission finds that the project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources as defined in Section 711.2 of the Fish and Games Code. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 11th day of August, 2003. Linda Jennings Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3888 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11th day of August, 2003. ELIZABETH A. BINSACK Planning Commission Secretary COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 INITIAL STUDY A. BACKGROUND Project Title: Conditional Use Permit 03-013, Design Review 03-014, and Tentative Parcel Map 2003-169 Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Justina Willkom Phone: (714) 573-3174 Project Location: 15151 Woodlawn Avenue, Tustin, Orange County, California Project Sponsor's Name and Address: Werdin Corporation, 4100 Mac Arthur Blvd. Suite 310, Newport Beach, CA 92660 General Plan Designation: Planned Community Commercial/Business Zoning Designation: Planned Community District/Pacific Center East Specific Plan Project Description: Amendment to Conditional Use Permit 84-20 by reducing the amount of entitlement from 449,040 square feet to 232,520 square feet; construction of a total of 57,161 square feet of office/warehouse uses in a complex; and subdivision of Lot "A" of Tentative Parcel Map 2003-169 into a condominium subdivision to allow for ownership. Surrounding Uses: North: Office Complex South: Light Industrial East: Office Complex West: Light Industrial Other public agencies whose approval is required: [] Orange County Fire Authority [] [] Orange County Health Care Agency [] [] South Coast Air Quality Management [] District Other City of Irvine City of Santa Ana Orange County EMA B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. Aesthetics Air Quality Cultural Resources Hazards & Hazardous Materials Land Use/Planning Noise Public Services Transportation/Traffic Mandatory Findings of Significance [] Agriculture Resources [] Biological Resources [] Geology/Soils [] Hydrology/Water Quality [] Mineral Resources [] Population/Housing [] Recreation [] Utilities/Service Systems C. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that although the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated impact" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described in the attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR OR NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR OR NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, and no further documentation is required. Preparer: Justina Willkom Elizabeth A. Binsack, Community Development Director Title Date Associate Planner July 21, 2003 l) 2) 3) 4) 5) 6) 7) 8) 9) D. EVALUATION OF ENVIRONMENTAL IMPACTS Directions A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact"answer should be explained where it is based on project-specific factors and general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). All answers must take into account the whole action involved, including off-site, on-site, cumulative project level, indirect, direct, construction, and operational impacts. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, and EIR is required. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross- referenced). Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and, b) the mitigation measure identified, if any, to reduce the impact to less than significance. EVALUATION OF ENVIRONMENTAL IMPACTS I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact [] [] [] [] [] [] [] [] IV. BIOLOGICAL RESOURCES: - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department ofFish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department ofFish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? l) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? V1. GEOLOGY AND SOILS: - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Thatl Significant Impact No Impact [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence ora known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 0 For a project within the vicinity ora private airstrip, would the project result in a safety hazard for people residing or working in the project ama? Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY: - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface rnnoffin a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?. f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact [] [] [] [] [] [] [] [] [] [] [] [] k) Potentially impact stormwater runoff from construction activities? [] [] [] [] 1) Potentially impact stormwater runoff from post- construction activities? m) Result in a potential for discharge of stormwater pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas? n) Result in a potential for discharge of stormwater to affect the beneficial uses of the receiving waters? o) Create the potential for significant changes in the flow velocity or volume of stormwater runoff to cause environmental harm? p) Create significant increases in erosion of the project site or surrounding areas? IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XI. NOISE- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundbome noise levels? Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact [] [] No Impact [] [] c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? XII.POPULATION AND HOUSING - Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact Nolmpact [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] XIV. RECREATION- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS- Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less Than Significant Potentially With Significant Mitigation Impact Incorporation Less Than Significant Impact Nolmpact [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? h) Would the project include a new or retrofitted storm water treatment control Best Management Practice (BMP), (e.g. water quality treatment basin, constructed treatment wetlands), the operation of which could result in significant environmental effects (e.g. increased vectors and odors)? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable furore projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact [] [] Less Than Significant With Mitigation Incorporation Significant Impact No Impact ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS CONDITIONAL USE PERMIT 03-013, DESIGN REVIEW 03-014, AND TENTATIVE PARCEL MAP 2003-169 BACKGROUND The proposed project includes an application by Werdin Corporation for the following: 1. Amendment to Conditional Use Permit 84-20 by reducing the amount of entitlement from 449,040 square feet to 232,520 square feet (224,520 square feet plus 8,000 square foot fitness and mechanical building) and potentially amending the conditions of approval for the SBC/Pacific Bell site to accommodate the proposed development; 2. Construction of a total of 57,059 square feet of office complex; and 3. Subdivision of Lot "A" of Tentative Parcel Map 2003-169 into a condominium subdivision to allow for ownership. The project area is a 3.558-acre vacant area at the southwest corner of the SBC/Pacific Bell administrative office complex. The 3.558-acre area is part of a 20-acre parcel also known as a portion of Lot 66 of Block 10 of Irvine's Subdivision and described in Record of Survey 83-1189 located at 1442 Edinger Avenue. The project area is surrounded by the SBC/Pacific Bell office complex to the north and east, light industrial uses to the south, and a railroad right-of-way to the west. The project area is identified as Office Center and is located within Planning Area 8 of the Pacific Center East Specific Plan (PCESP). The PCESP district regulations allow for the development of corporate, professional, and general offices. The proposed office complex is consistent with the intent of the PCESP. The proposed complex consists of eleven (11) tilt-up buildings that will be owned independently with shared common areas regulated by CC&Rs. This is a tiered initial study that is based on, and incorporates by reference, the environmental analysis included in Environmental Impact Report (EIR) 90-1, which was previously certified on December 17, 1990, and amended on May 5, 2003, for the PCESP. In conformance with the Califomia Environmental Quality Act (CEQA), the purpose of this tiered initial study is to identify and focus the environmental analysis for the project on significantly new environmental impacts that were not previously considered in the Program EIR. All related environmental impacts were considered for the EIR 90-1 and mitigation measures have been identified and approved for the specific plan, which are included as conditions of approval for the project as identified in the Mitigation Monitoring Program Matrix (Attachment 1 of Exhibit A). CUP 03-013, DR 03-014, TPM 2003-169 Attachment A Page 2 The following information provides background support for the conclusions identified in the Environmental Analysis Checklist. I. AESTHETICS Items c and d - Less Than Siqnificant Impact: The project includes the construction of a new 57,161 square foot office complex on a vacant lot. The site is surrounded by an office complex to the east, light industrial uses to the south, a railroad right-of-way to the west, and Edinger Avenue to the north. Upon completion of the construction of the office complex, the existing visual character of the site and the surrounding area would be altered. However, the visual character would be consistent with the district regulation for the PCESP. Therefore, the impact on the visual character of the site would be less than significant. The project would also create a new source of light. The project will include parking lot lighting, with shielding as necessary, and building lighting. The lighting would not be substantial and would not affect day or nighttime views in the area. Placement of the new building and landscaping, minimal levels of lighting, correct installation of the lighting, and compliance with the City of Tustin Design Review criteria will reduce potential impacts related to the visual character of the site and area to a level of insignificance. Sources: Submitted Plans Tustin City Code Field Inspection Pacific Center East Specific Plan Mitigation Measures/Monitoring Required: None Required Items a and b - No Impact: The site is currently vacant. The project includes construction of a new 57,161 square foot office complex. The subject property is not located on a scenic vista and would not disturb any trees, rock outcroppings, or historic buildings located on a State scenic highway. Mitigation Measures/Monitoring Required: None Required. Sources: Submitted Plans Tustin City Code General Plan CUP 03-013, DR 03-014, TPM 2003-169 Attachment A Page 3 Field Inspection Pacific Center East Specific Plan II. AGRICULTURAL RESOURCES Items a, b, and c - No Impact: The property is currently vacant and the site was part of the Pacific BelI/SBC office complex. The site is not designated by the zoning or the General Plan for agricultural use. The project would not convert any Prime or Unique Farmland, or Farmland of Statewide Importance to a non-agricultural use, nor would it conflict with existing zoning for agricultural use or a Williamson Act contract. Mitigation Measures/Monitoring Require¢: None Required Sources: Tustin General Plan Field Inspection Submitted Plans Tustin City Code Pacific Center East Specific Plan III.AIR QUALITY Items a, b, c, d, and e - Less Than Siqnificant Impact: The project would temporarily increase the amount of short-term emissions to the area due to grading of the property and construction activities. Since the site is relatively flat, only minor grading would be required. The project is below the thresholds of significance established by Table 6-3 of the Air Quality Management District's CEQA Air Quality Handbook. In accordance with Table 6-3 (Quarterly Threshold for Construction) CEQA Air Quality Handbook, the construction of fewer than 559,000 square feet of office buildings, the grading of fewer than 177.00 acres, and the operation of fewer than 96,221 square feet of offices are not considered to create significant impact. Short-term emissions associated with grading, construction, and operation of the proposed project will be mitigated through compliance with the regulations of the South Coast Air Quality Management District and the City of Tustin Grading Manual, which includes requirements for dust control. As such, the proposed project would not conflict with or obstruct implementation of any applicable air quality plan, result in a cumulatively considerable increase of any criteria pollutant as applicable by Federal or ambient air quality standard, nor would it expose sensitive receptors to substantial pollutant concentrations, or create objectionable odor CUP 03-013, DR 03-014, TPM 2003-169 Attachment A Page 4 affecting a substantial number of people. The potential impacts related to air quality standards would be reduced to a level of insignificance. Mitigation Measures/Monitoring Required: None Required Sources: South Coast ,Air Quality Management District Rules & Regulations City of Tustin Grading Manual Project Application Field Inspection Pacific Center East Specific Plan IV. BIOLOGICAL RESOURCES Items a, b, c, d, e, and f- No Impact: The property is currently vacant. The project site is surrounded by office complex and light industrial uses. The site is not inhabited by any sensitive or special status species of animals. The proposed project would have no impacts on animal populations, diversity of species or migratory patterns. The project would include the planting of new trees and landscape materials, which would be provided in accordance with the Tustin Landscape and Irrigation guidelines. No impacts to any unique, rare, or endangered species of plant or animal life identified in local or regional plans, policies, or regulations by the California Department of Fish and Game or U.S. Fish and Wildlife Service would occur as a result of this proposed project. Mitigation Measures/Monitoring Required: None Required Sources: Field Inspection Submitted Plans Tustin City Code Pacific Center East Specific Plan V. CULTURAL RESOURCES Items a, b, c, and d - No Impact: The project would not cause a substantial adverse change in the significance of a historical or archaeological resource pursuant to Section 15064.5 of CEQA since none exist on the project site. The project would also not directly, or indirectly, destroy a unique paleontological resource or site or unique geologic feature, and would not disturb any human remains, including those interred outside of formal cemeteries. CUP 03-013, DR 03-014, TPM 2003-169 Attachment A Page 5 Mitigation Measures/Monitoring Required: None Required Sources: Submitted Plans Tustin Zoning Code Tustin City Code Tustin General Plan Tustin Historical Resources Survey Report Pacific Center East Specific Plan VI. GEOLOGY & SOILS Items a-ii, a-iii, and d - Less Than Significant Impact: The proposed building would be located on expansive soil per the Seismic Hazard Zone Map prepared by the California Division of Mines and Geology and Table 18- I-B of the 2001 Uniform Building Code. The site is located within an area that may subject people or structures to strong seismic ground shaking and seismic- related ground failure including liquefaction. However, prior to building permit issuance, a soils report will be submitted to the Building Division identifying any construction techniques necessary to comply with the current local, State, and Federal regulations to reduce potential impact to a level of insignificance. Mitigation Measures/Monitoring Required: None Required Sources: Tustin General Plan Tustin City Code 2001 Uniform Building Code Project Application Field Evaluation California Seismic Hazard Zone Map, Tustin Quadrangle, January 17, 2001 Pacific Center East Specific Plan Items a-i, a-iv, b, c, and e - No Impact: The project site is not located within an area on the Alquist-Priolo Earthquake Fault Zoning Map. The project would not be located on a geologic unit or soil that is unstable and would not result in on- or off-site landslide, lateral spreading, subsidence, or collapse. Since all new buildings in the City operate on the existing sewer system, there would not be any building area located on soil incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems. CUP 03-013, DR 03-014, TPM 2003-169 Attachment A Page 6 Sources: Tustin General Plan Tustin City Code 2001 Uniform Building Code Project Application Field Evaluation Pacific Center East Specific Plan VII. HAZARDS & HAZARDOUS MATERIALS Items a, b, c, d, e, f, .q, and h - No Impact: The project includes construction of a new 57,161 square foot office complex on a vacant lot. Based upon the nature of the use as an office complex, the project is not anticipated to result in exposure to hazardous substances or interfere with emergency response or evacuation. The applicant is not proposing to transport, use, or dispose of hazardous materials, and future tenants of the building would be required to comply with City, State, and Federal regulations before transporting, using, or disposing of hazardous materials. The project area is not located within an airport land use plan or vicinity of a pdvate airstrip, and since all grading and construction would be subject to compliance with the all applicable Uniform Building and Fire Codes the project would not result in significant hazards (i.e. explosion, hazardous materials spill, interference with emergency response plans, wildland fires, etc.). Mitigation Measures/Monitoring Required: None Required. Sources: Uniform Building and Fire Codes Submitted Plans Tustin General Plan Pacific Center East Specific Plan VIII. HYDROLOGY & WATER QUALITY Items a, k, I, m, n, o, and p - Less Than Siqnificant Impact: The project site is relatively flat, and the proposed project will maintain a flat site with improved site drainage and additional landscaping. There would be new construction and there is the potential to impact stormwater runoff from construction and post-construction activities and stormwater pollutant from loading docks and delivery areas. There is also the potential for discharge of stormwater to affect the beneficial uses of the receiving waters, and changes in the flow velocity or volume of storm water runoff. However, the project would be required to comply with the City's Water Quality Ordinance and most recently adopted CUP 03-013, DR 03-014, TPM 2003-169 Attachment A Page 7 NPDES permit (Santa Ana Regional Water Quality Control Board (RWQCB) Order R8-2002-0010), thus reducing any potential impacts to a level of insignificance. The project would not create a significant increase in erosion of the site or surrounding area since an erosion control plan would be required during construction. The project would be required to comply with the City's Water Quality Ordinance, and as such, would not violate any water quality standards or waste discharge requirements or degrade water quality in the area, reducing any potential impacts to a level of insignificance. Mitigation Measures: None Required. Sources: Field Verification Submitted Plans Tustin City Code California Seismic Hazard Zone Map, Tustin Quadrangle, January 17, 2001 Pacific Center East Specific Plan Items b, c, d, e, f, ,q, h, i, and i- No Impact: The project site is relatively flat, and the proposed project will maintain a flat site with improved site drainage and additional landscaping that would not result in substantial erosion, siltation, or flooding on- or off-site. The project would not substantially deplete groundwater supplies or interfere with groundwater recharge resulting in a net deficit in aquifer volume or a lowering of the local groundwater table level. The project site is not located within a 100-year flood hazard area as mapped on a Flood Insurance Rate Map, nor is the project located within a 100-year flood hazard area structure which would impede or redirect flood flows. The project site would not expose people or structures to a significant risk of loss, injury, or death as a result of the failure of a levee or dam, or by inundation by seiche, tsunami, or mud flow. Mitigation Measures: None Required. Sources: Field Verification Submitted Plans Tustin City Code Federal Insurance Rate Map Pacific Center East Specific Plan CUP 03-013, DR 03-014, TPM 2003-169 Attachment A Page 8 IX. LAND USE PLANNING XI. Items a, b, and c - No Impact: The subject property is designated by the General Plan Land Use Map as Planned Commercial/Business and zoned Planned Community District under the Pacific Center East Specific Plan. The proposed project would be consistent with the applicable land use and zoning regulations. The proposed project would not divide an established community since it includes construction on an existing site completely surrounded by other similar office and industrial buildings in an urbanized area. The proposed project is not located in a conservation plan or natural community conservation plan area. Mitigation Measures: None Required. Sources: Submitted Plans Tustin City Code Tustin General Plan Tustin Zoning Map Pacific Center East Specific Plan MINERAL RESOURCES Items a and b - No Impact: The proposed project would occur on a vacant lot surrounded by developed office complex and light industrial uses. Construction on the site would not result in the loss of availability of a known mineral resource, and the site is not located on a mineral resource recovery site. Mitigation Measures/Monitoring Required: None Required Sources: Submitted Plans Tustin City Code Tustin General Plan Pacific Center East Specific Plan NOISE Items a, b, c, and d - Less Than Significant Impact: The project includes construction of a new 57,161 square foot office complex on a vacant lot. The grading and construction of the site would result in short-term CUP 03-013, DP. 03-014, TPM 2003-169 Attachment A Page 9 construction noise impacts. However, the Tustin City Code requires compliance with the City's Noise Ordinance and construction hours. Long-term noise would not significantly be increased since the property would be developed as an office complex in which the noise level generated from the project would typically be less than other light industrial uses in the vicinity. In addition, the site is not located near a residential neighborhood, thus the anticipated new noise would be insignificant. The proposed project would not create excessive ground vibrations, nor would it create a permanent increase in the existing ambient noise levels beyond the established standards. Any development within the City would be subject to the Tustin Noise standards, thus reducing any potential impacts to a level of insignificance. Mitigation Measures/Monitoring Required: None Required Sources: Submitted Plans Tustin City Code Tustin General Plan Pacific Center East Specific Plan Items e and f- No Impact: The site is not located within an airport land use plan or within two (2) miles of a public or private airport. The project would not expose people residing or working in the project area to excessive noise. Mitigation Measures/Monitoring Required: None Required Sources: Submitted Plans Tustin City Code Tustin General Plan Tustin Zoning Code Pacific Center East Specific Plan XlI. POPULATION & HOUSING Items a, b, and c - No Impact: The proposed industrial project would not induce substantial population growth in the area and would not induce substantial population growth wherein new streets or new public services would need to be created. Since the lot is currently vacant, the construction of the new building on the existing vacant parcel would not displace substantial numbers of people necessitating the construction of replacement housing elsewhere. CUP 03-013, DR 03-014, TPM 2003-169 Attachment A Page 10 Mitigation Measures/Monitoring Required: None Sources: Submitted Plans Tustin City Code Tustin General Plan Pacific Center East Specific Plan Xlll. PUBLIC SERVICES Item a - No Impact: The proposed project is in an existing urbanized area where fire and police protection are currently provided. No increase in population is anticipated. The project would not create demand for an alteration of or addition to government facilities or services (i.e. fire and police protection, schools, parks, and other public facilities). Mitigation Measures/Monitoring Required: None Sources: Submitted Plans Tustin City Code Pacific Center East Specific Plan XlV. RECREATION Items a and b - No Impact: The project is not located in proximity to recreational facilities. The project by nature would not increase the use of existing parks or contribute to a substantial deterioration of park facilities, nor would the project include recreational facilities that would have an adverse physical effect on the environment. No parkland dedication would be required as a result of this project. Mitigation Measures/Monitoring Required: None Required Sources: Submitted Plans Tustin City Code Pacific Center East Specific Plan CUP 03-013, DR 03-014, TPM 2003-169 Attachment A Page 11 XV. TRANSPORTATION/TRAFFIC Item a - Less Than Siqnificant Impact: The proposed project involves the construction of a new 57,161 square foot office complex on a vacant lot. The proposed office use is consistent with the zoning of the site. The project location and use was compared to the previously completed traffic analyses for the PCESP, and they result in the same trip generation. Although the proposed project would generate new vehicle trips to the area; the increase is consistent with the analyses contained in the EIR for the PCESP. The project would be conditioned to comply with the mitigation measures for the PCESP. Therefore, any potential impacts related to traffic would be reduced to a level of insignificance. Mitigation Measures/Monitoring Required: None Required. Sources: Submitted Plans Tustin City Code Tustin General Plan Pacific Center East Specific Plan Items b, c, d, e, and f- No Impact: The proposed project involves the construction of a new 57,161 square foot office complex on a vacant lot. However, the project would not induce substantial population or growth wherein the project would result in changes to air traffic patterns, emergency access, level of service standards, or conflict with adopted policies, plans, or programs supporting alternative transportation. The project includes sufficient parking on-site to comply with current parking requirements for the proposed use. As such, no impacts to parking are anticipated. Mitigation Measures/Monitoring Required: None Required. Sources: Submitted Plans Tustin City Code Tustin General Plan Pacific Center East Specific Plan CUP 03-013, DR 03-014, TPM 2003-169 Attachment A Page 12 XVI. UTILITIES & SERVICE SYSTEMS Items a, b, c, d, e, f, and ,q - No Impact: The proposed project would not exceed requirements of the applicable Regional Water Quality Control Board or require or result in the construction of new water or wastewater treatment facilities. The proposed project would utilize the existing sewer and storm drain systems and thus would not require construction of a new storm water drainage facility or solid waste facility. The project would utilize the City's existing trash hauler contract, thus not requiring a new trash hauler. Adequate water supply from existing resources would be available to serve the proposed project. Mitigation Measures/Monitoring Required: None Required. Sources: Submitted Plans Tustin City Code Tustin General Plan Pacific Center East Specific Plan XVII.MANDATORY FINDINGS OF SIGNIFICANCE Items a, b, and c ~ No Impact: The project grading, construction, and operation would comply with the regulations of the Community Development Department, Air Quality Management District, and Orange County Fire Authority which reduces any potential impacts related to aesthetics, air quality, biological resources, geology and soils, hydrology and water quality, traffic, and noise to a level of insignificance. The project does not have the potential to degrade the quality of the environment nor achieve short-term environmental goals to the disadvantage of the long-term. It does not have impacts that are individually limited but cumulatively considerable or that would cause substantial adverse impacts on human beings. Sources: Submitted Plans Tustin City Code Tustin General Plan Pacific Center East Specific Plan S:~Cdd\JUSTINA\current planning\Environmental\Werdin Attachment A.doc COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, C~4 92780 (?~4) 573-3~00 NEGATIVE DECLARATION Project Title: Conditional Use Permit 03-013, Design Review 03-014, and Tentative Parcel Map 2003-169 Project Location: 15151 Woodlawn Avenue, Tustin, Orange County, California Project Description: Amendment to Conditional Use Permit 84-20 by reducing the amount of entitlement from 449,040 square feet to 232,520 square feet; construction of a total of 57,161 square feet of office/warehouse uses in a complex; and subdivision of Lot "A" of Tentative Parcel Map 2003-169 into a condominium subdivision to allow for ownership. Project Proponent: Werdin Corporation, 4100 Mac Arthur Blvd. Suite 310, Newport Beach, CA 92660 Lead Agency Contact Person: Justina Willkom Telephone: (714) 573-3174 The Community Development Department has conducted an Initial Study for the above project in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of that study hereby finds: [] That there is no substantial evidence that the project may have a significant effect on the environment. That potential significant effects were identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial Study which is attached hereto and incorporated herein. Therefore, the preparation of an Environmental Impact Report is not required. The Initial Study which provides the basis for this determination is attached and is on file at the Community Development Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during the review period, which begins on July 21, 2003 and extends for twenty (20) calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:00 P.M. ON AUGUST 9, 2003 Date: July 21, 2003 Elizabeth A. Binsack Community Development Director RESOLUTION NO. 3889 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 03-014 AND CONDITIONAL USE PERMIT 03-013 FOR THE CONSTRUCTION OF A 57,'16'1 SQUARE FOOT CONDOMINIUM OFFICE COMPLEX LOCATED AT 15151 WOODLAWN AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: That a proper application for Design Review 03-014 and Conditional Use Permit 03-14 was filed by Russ Werdin, on behalf of SBC/Paciflc Bell, requesting approval to construct a 57,161 square foot condominium office complex within Planning Area 8 of the Pacific Center East Specific Plan. The proposed project is consistent with the policies of the General Plan land use designation "Planned Community Commercial/Business" which provides policies and guidelines for professional office development and complies with the Office Center Land Use Designation of the Pacific Center East Specific Plan regulations and development standards. In addition, the project has been reviewed for consistency with the Air Quality Sub- element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. That the Planning Commission considered the project on August 11, 2003. Pursuant to Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Height, bulk, and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors, and other openings. 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Location, height, and standards of exterior illumination. 8. Landscaping, parking area design, and traffic circulation. Resolution 3889 Page 2 9. Location and appearance of equipment located outside an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Development Guidelines and criteria as adopted by the City Council. The proposed project will not have a negative effect on the surrounding properties in that the building location, massing, scale, and architectural design and site amenities are compatible with the setting and similar to other commercial uses in the area. Fo That the Planning Commission has approved a Final Negative Declaration for the project in conformance with the requirements of the California Environmental Quality Act by adopting Resolution No. 3888. II. The Planning Commission hereby approves Design Review 03-014 and Conditional Use Permit 03-013 authorizing the development of a 57,161 square feet condominium office complex located at 15151 Woodlawn Avenue, subject to conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 11th day of August, 2003. Linda Jennings Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution 3889 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3889 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11th day of August, 2003. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL DESIGN REVIEW 03-014 AUGUST 11, 2003 (1) (1) GENERAL 1.1 1.2 The proposed project shall substantially conform with the submitted plans for the project date stamped August 11, 2003, on file with the Community Development Department, except as heroin modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Diroctor of Community Development may also approve minor modifications to plans during plan check if such modifications aro to be consistent with the provisions of the Tustin City Code and other applicable codes. 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any grading or building permits for the project, subject to review and approval by the Community Development Department. (1) 1.4 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considerod if a written request is received by the Community Development Department within thirty (30) days prior to expiration. Approval of Design Review 03-014, Conditional Use Permit 03-013, and Tentative Parcel Map 2003-169 is contingent upon the applicant roturning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discrotionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Diroctor of Community Development, and evidence of recordation shall be provided to the Community Development Department. SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S (7) DESIGN REVIEW (5) (6) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A - Resolution 3889 DR 03-014 and CUP 03-013 Page 2 (1) 1.5 As a condition of approval of Design Review 03-014, Conditional Use Permit 03-013, and Tentative Parcel Map 2003-169, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third-party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (*) 1.6 Prior to issuance of Certificate of Occupancy, Lot Line Adjustment 03-002 and Tentative Parcel Map 2003-169 shall be approved and recorded. In addition, a covenant shall be recorded for Lot "2" to ensure that it would be used for the purpose of common parking, ingress, egress, and utilities. (1) 1.1 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement, action, including attorneys fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (4) 1.9 Project development within the Pacific Center East Specific Plan is required to participate in mitigation of long-range traffic impacts. The City is currently developing a fee program to provide transportation improvements that will mitigate traffic impacts based upon the Pacific Center East Specific Plan EIR and recently approved supplemental traffic analysis. The property owner(s) are subject to pay fees to cover their fair share obligation upon completion of the fee program. ARCHITECTURE (4) 1.10 All exterior colors shall be consistent with the approved colors. Compliance shall be subject to review and approval by the Community Development Department at final inspection. All exterior treatments must be coordinated with regard to color, materials, and detailing and noted on Exhibit A - Resolution 3889 DR 03-014 and CUP 03-013 Page 3 all construction plans and elevations submitted for Building Permit Plan Check. (4) 1.11 Provide exact details of the exterior door and window types on the construction plans. (4) 1.12 All ground- and wall-mounted mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be considered as an element of the overall design of the project and shall blend with the architectural design of the building. All telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. Electrical transformers shall be located toward the interior of the project, maintaining sufficient distance to minimize visual impacts from the public right-of-way. (4) 1.13 All exposed metal flashing or trim shall be painted to match the building. (4) 1.14 No exterior down spouts or roof scuppers shall be permitted. All roof drains shall utilize interior piping, but may have exterior outlets at base of buildings. LANDSCAPING (4) 1.15 Complete landscape and irrigation plans that comply with the City of Tustin Landscape and Irrigation Guidelines shall be submitted at final plan check. (6) 1.16 An irrigation plan should be provided which shows the location and control of backflow prevention devices at the meter, pipe size, sprinkler type, spacing, and coverage details for all equipment. Install efficient irrigation systems which minimize runoff and evaporation and maximize the amount of water which will reach the plant roots. Drip irrigation, soil moisture sensors, and automatic irrigation systems are a few methods of increasing irrigation efficiency. (6) 1.17 All plant materials shall be installed in a healthy and vigorous condition, typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, mowing, weeding, removal of litter, fertilizing, regular watering, and replacement of dead or diseased dying plants. Unhealthy or dead trees shall be replaced within seventy-two (72) hours upon notification by the City. (6) 1.18 All trees and landscaping, including relocated trees within the site and the perimeter of the site, shall be maintained in a healthy and vigorous condition. Exhibit A - Resolution 3889 DR 03-014 and CUP 03-013 Page 4 (6) 1.19 USE Low water-consuming plants shall be used for landscaping wherever feasible. Mulch shall be used extensively, where feasible, in all landscaped areas since mulch applied to topsoil will improve the water- holding capacity of the soil by reducing evaporation and soil compaction. (4) 1.20 (4) 1.21 (1) 1.22 (1) 1.23 (1) 1.24 (1) 1.25 NOISE The owners/tenant shall be responsible for the daily maintenance and upkeep of the facility, including but not limited to, trash removal, painting, graffiti removal, and maintenance of improvements to ensure that the facilities are maintained in a neat and attractive manner. All graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner/tenant. Failure to maintain said structure and adjacent amenities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement. The proposed office complex shall operate as office use and at the minimum shall have a ratio of seventy-five (75) percent office uses with limited storage area. All building locking devices on the premises shall meet the requirements of the City's Security Ordinance. If, in the future the City determines that parking or traffic problems exist on the site or in the vicinity as a result of the project, the Community Development Director may require the applicant/property owner to prepare an analysis and bear all associated costs. If the study indicates that the use is not in compliance with the Pacific Center East Specific Plan or that there is a parking or traffic impact, the applicant/property owner shall be required to provide mitigation measures to be reviewed and approved. All business activities, storage, or other activities shall be conducted entirely within the subject building. Outside storage or display of merchandise is prohibited, except as authorized by the Community Development Director. (1) 1.26 All construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official. Exhibit A - Resolution 3889 DR 03-014 and CUP 03-013 Page 5 (1) 1.27 CC&Rs (4) 1.28 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. Prior to issuance of building permits, all organizational documents for the project including CC&Rs shall be submitted to and approved by the Community Development Department and the City Attorney. The applicant is responsible for costs associated with the review of these documents. The approved CC&Rs shall be recorded prior to, or concurrently with, recordation of the final map. A copy of the final documents shall be submitted to the Community Development Department within five (5) days after their recordation. These provisions shall include, but not be limited to, the following: The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest, as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs. A covenant of easement for ingress, egress, parking, and a common trash enclosure shall be established. C. Maintenance association bylaws shall be established. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including landscaped areas, walls and fences, driveways, walks, parking spaces, utilities, and trash enclosures shall be included. Membership in the maintenance association shall be inseparable from ownership in individual building. Maintenance standards shall be provided for applicable items listed in Section D. Examples of maintenance standards are shown below: All common area landscaping shall be properly maintained such that it is evenly cut, evenly edged, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede pedestrian traffic along the walkways. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. Exhibit A - Resolution 3889 DR 03-014 and CUP 03-013 Page 6 Go Jo All private driveways and sidewalks 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. Common areas and facilities 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 causes harm or is materially detrimental to property values or improvements within three hundred (300) feet of the property. Parking spaces, driveways, sidewalks, and other access to the site and buildings shall not be permanently or irrevocably assigned to any individual unit, tenant, or building. The minimum required number of accessible parking spaces required by the Americans with Disabilities Act (ADA) shall be maintained on each of the properties. All utility services serving the site shall be installed and maintained underground. The maintenance association shall be required to file the name, address, and telephone number of at least one member of the association before January 1st of each year with the Community Development Department for the purpose of contacting the association. The maintenance association shall inform and disclose all new members of the association upon purchase or a lease agreement on limitation of use of the shared access, driveways, and all common areas and facilities. No amendment to alter, modify, terminate, or change the maintenance association's obligation to maintain the common areas and facilities or other CC&R provisions in which the City has an interest, as noted above, or to later modify, terminate, or change the City's right to enforce maintenance of the common areas and facilities shall be effective without prior written approval of the Community Development Department. Exhibit A - Resolution 3889 DR 03-014 and CUP 03-013 Page 7 PLAN SUBMITTAL (3) 2.1 At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. (1) 2.2 Building plan check submittal shall include the following: · Seven (7) sets of construction plans, including drawings for mechanical, plumbing and electrical. · Two (2) copies of structural calculations. · Two (2) copies of Title 24 energy calculations. Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on site and off site where applicable. · Details for the proposed windows and doors. · Roofing material shall be fire rated class "B" or better. · The location of any~utility vents or other equipment shall be provided on the roof plan. Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. All new light fixtures shall be consistent with the amhitecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall mounted fixtures shall be directed at a 90 degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) foot-candle of light coverage, in accordance with the City's Security Ordinance. A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one (1) foot-candle of light, and lighting shall not produce light, glare, or have a negative impact on adjacent properties." Exhibit A - Resolution 3889 DR 03-014 and CUP 03-013 Page 8 (3) 2.3 (3) 2.4 (3) 2.5 (1) 2.6 (3) 2.7 (1) 2.8 (3) 2.9 (3) 2.10 (1) 2.11 Cross-section details showing the installation of the proposed rooftop equipment. Rooftop equipment shall be installed and maintained so as not to be visible from the public right-of-way. · Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 California Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy, or as approved by the Building Official. Openings in exterior walls are not permitted less than five (5) feet from property lines, 2001 California Building Code (Table 5A). All new glass doors and windows, in or adjacent to doors, shall be tempered per 2001 California Building Code Section 2406.4. Prior to permit issuance, clearances from the Orange County Fire Authority are required. Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, public telephones, and site shall be accessible to persons with disabilities. Information to ensure compliance with the requirements of the Orange County Sanitation District No. 7. Two (2) exits are required from the Mezzanine, with occupant loads of more than nine (9). Provide area analysis for all buildings, show compliance with allowable floor areas based on 2001 California Building Code Chapter 5, Table 5-B. Four (4) sets of final grading plans consistent with the site and landscaping plans as prepared by a registered civil engineer shall be submitted and shall include the following: · Technical details and plans for all utility installations including telephone, gas, water, and electricity. Three (3) copies of precise soil report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall Exhibit A - Resolution 3889 DR 03-014 and CUP 03-013 Page 9 (1) 2.12 (1) 2.13 (1) 2.14 (1) 2.15 (5) 2.16 (5) 2.17 (1) 2.18 (5) 2.19 be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. · All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on-site Private Improvement Standards. · Two (2) copies of Hydrology Report. The engineer of record must submit a final compaction report to the Building Division for review and approval prior to the issuance of building permit. The engineer of record must submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. A surety/cash bond will be required to assure work is completed in accordance with approved plans prior to permit issuance. The engineer's estimated cost of the grading, drainage, and erosion control shall be submitted to the Building Official for determination of the bond amount. Information to ensure compliance with requirements of the Orange County Fire Authority, including fire flow and installation of fire hydrants subject to approval of the City of Tustin Public Works, and/or Irvine Ranch Water District. A note shall be provided on final plans that a six (6) foot high chain link fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the building. The numerals shall be no less than six (6) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. Individual trash can service may be provided on the site provided that such service is acceptable in writing by Federal Disposal Service. In the event Exhibit A - Resolution 3889 DR 03-014 and CUP 03-013 Page 10 that trash bin service is requested either at this time or in the future by Federal Disposal Service, a trash bin with surrounding enclosure shall be located on the property. ^ trash bin with surrounding enclosure shall be located on the property and maintained to avoid health issues for neighboring commercial and residential areas. An adequate size trash enclosure with solid metal, self-closing, self-latching gates shall be provided. Said enclosure shall be screened by a solid decorative wall consistent with the adjacent building's material and finish and be of a minimum height of six (6) feet. The actual location of the enclosure and types of screening and details of the enclosure shall be submitted at building plan check and are subject to approval by the Community Development Department. The location of the bin, size and quantity shall be reviewed and accepted in writing by Federal disposal Services. (5) 2.20 The applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. WATER QUALITY (1) 3.1 Prior to issuance of grading permits, the applicant shall obtain approval of the Community Development and Public Works Departments for a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall identify the structural and non-structural measures which will be implemented on this project and shall detail the implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. The property owner and applicant shall be responsible for implementing the provisions of the WQMP on an ongoing, permanent basis. (1) 3.2 Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700.00 for the estimated costs of review of the WQMP to the Building Division. The actual costs shall be deducted from the deposit, and the applicant shall be responsible for and pay for any additional review costs that exceed the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. (1) 3.3 Prior to issuance of any permits, the property owner shall record a "Notice of Water Quality Management Plan (WQMP)" with the County-Clerk Exhibit A - Resolution 3889 DR 03-014 and CUP 03-013 Page 11 (1) 3.4 (1) 3.5 (1) 3.6 Recorder on a form provided by the Community Development Department to inform future property owners of the requirement to implement the approved WQMP. Prior to the issuance of any permits, the property owner and applicant shall provide written consent and authorization to enter the property for the purpose of conducting compliance assessments. An authorized inspector may inspect the property for the purpose of verifying compliance with Chapter 4 of the Tustin City Code (Water Quality Ordinance) and verifying compliance with the approved Water Quality Management Plan. The Community Development and Public Works Departments shall determine whether any proposed change in use requires an amendment to an approved water Quality Management Plan. The following requirements shall be defined on permit plan cover sheets as either general or special notes, and the project shall be implemented in accordance with the notes: · Construction sites shall be maintained in such a condition that an anticipated storm does not carry wastes or pollutants off the site. Discharges of material other than stormwater are allowed only when necessary for performance and completion of construction practices and where they do not cause or contribute to a violation of any water quality standard; cause or threaten to cause pollution, contamination, or nuisance; or contain a hazardous substance in a quantity reportable under Federal Regulations 40 CFR Parts 117 and 302. Potential pollutants include, but are not limited to, solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides, herbicides, wood preservatives and solvents; asbestos fibers, paint flakes or stucco fragments; fuels, oils, lubricants; and hydraulic, radiator or battery fluids; fertilizers, vehicle/equipment wash water and concrete wash water; concrete, detergent or floatable wastes; wastes from any engine equipment steam cleaning or chemical degreasing; and superchlorinated potable water line flushings. During construction, disposal of such materials should occur in a specified and controlled temporary area on-site, physically separated from potential storm water run-off, with ultimate disposal in accordance with local, State, and Federal requirements. Dewatering of contaminated groundwater, or discharging contaminated soils via surface erosion, is prohibited. Dewatering of non- contaminated groundwater requires a National Pollutant Discharge Exhibit A - Resolution 3889 DR 03-014 and CUP 03-013 Page 12 (1) 3.7 (1) 3.8 (1) 3.9 Elimination System Permit from the California State Regional Water Quality Control Board. An erosion and sedimentation control plan shall be submitted for review and approval to the Building Official prior to issuance of grading permits. A variety of best management practices including BMP Nos. 1, 10, and 12 through 24, as identified in the City's Best Management Practices Handbook and devices such as desilting basins, check dams, cribbing, rip rap, watering, and other methods shall be included on the plan, implemented, and maintained on an ongoing basis to control water and wind-related erosion and prevent sedimentation from entering the storm drain system, adjacent properties, or rights-of-way. Erosion control measures will be developed and incorporated into final grading plans for the project to minimize potential increases in erosion and sediment transport during the short-term construction phases. Such measures could include the timely seeding of graded slopes, scheduling major grading phases during the non-rainy season, and the use of temporary control measures, e.g., perimeter sandbagging. Said construction erosion and sediment control plans for minimizing construction erosion will be submitted to the City of Tustin for review and approval prior to issuance of grading permits. Development of appropriate pollution control plans (e.g., a street sweeping program, periodic storm drain system cleaning, and developing landscape plans which control the use of fertilizer and pesticides) will be considered as means of reducing long-term water quality impacts. Long- term erosion and sediment control within proposed development areas will be provided with the installation of downdrains, terrace drains, and brow ditches as necessary, and the continued maintenance of slope vegetation ^ variety of best management practices including BMP Nos. 1, 3 through 9, 11 through 15, 18, and 24, as identified in the City's Best Management Practices Handbook, shall be implemented on an ongoing basis during construction to protect surface waters and prevent wastes or pollutants from moving off-site during a storm. Potential pollutants include, but are not limited to, paints, stains, sealants, glues, fuels, oils, lubricants, fertilizers, etc. Disposal of such materials shall occur in a specified and controlled temporary area on-site, physically separated from potential storm water run-off, with ultimate disposal in accordance with local, State, and Federal regulations. Prior to issuance of grading permits, the applicant shall post with the Community Development Department a minimum $2,500 cash deposit or letter of credit to guarantee the sweeping of streets and clean-up of streets affected by construction activities. In the event this deposit is Exhibit A - Resolution 3889 DR 03-014 and CUP 03-013 Page 13 depleted prior to completion of development, an additional incremental deposit will be required. (1) 3.10 (1) 3.11 Earth, sand, gravel, rock, stone, or other excavated material or debris may not be deposited or moved so as to cause the same to be deposited upon or roll, blow, flow, or wash upon or over any public place or right-of-way or the premises of another without the express written consent of the owner. VVhen loading or transporting any earth, sand, ground, rock, stone, or other excavated material or debris, such material shall be prevented from blowing or spilling onto the public right-of-way or adjacent private property. The applicant shall be responsible for maintaining public rights-of-way in a condition reasonably free of dust, earth, or debris attributed to the grading operation. If any debris is deposited within the right-of-way or adjacent property, the applicant shall be responsible for removing the material immediately. Tentative Parcel Map (1) 4.1 Prior to issuance of grading permit, the applicant shall prepare a Tentative Parcel Map consistent with City of Tustin Subdivision Manual. (1) 4.2 The applicant shall provide copies of the following documents to verify property boundary: August 15, 1963 6677/549 O.R. June 14, 1887 245/223 L.A. Co. (1) 4.3 The applicant shall provide copies of the following documents to verify encumbrances: November 3, 1919 345/59 Dds. May 22, 1985 Inst. # 85-187047 O.R. May 22, 1985 Inst. # 85-187049 O.R. (1) 4.4 The applicant shall provide conformance of the following Subdivision Manual Sections to Tentative Parcel Map: Section 5.3-C Items 4 and 5, Graphic and Linear Representation Section 5.3-F Item 5, Location and Boundary Delineation Section 5.3-G Item 4, 20 and 22, Supplemental Information (1) 4.5 The applicant shall provide fire protection access easements and dedicate them to the City. The easements shall be located within unobstructed areas and clear access shall be provided at all time. If the fire protection access easements are not dedicated on the final map, a separate instrument shall be submitted for review and recordation. Exhibit A - Resolution 3889 DR 03-014 and CUP 03-013 Page 14 (1) 4.6 Within 24 months from tentative map approval, the subdivider shall record with appropriate agencies a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9323 of the Tustin Municipal Code. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 4.7 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, and the City's zoning regulations. (5) 4.8 The subdivider shall be required to execute subdivision/monumentation agreements and provide improvement/monumentation bonds to the City prior to recordation of the final map. ENGINEERING (4) $.1 Due to the close proximity of the parking spaces at the end of the aisles adjacent to buildings 1 through 6 to the loading and unloading area, these parking spaces shall be designated as employee parking only. (4) 5.2 At plan check submittal, provide an on-site striping and signing plan. Internal controls and markings shall serve to provide acceptable on-site circulation. (4) 5.3 Applicant shall install red curb between the two proposed driveways and from the easterly property line to the northerly driveway along Industrial Drive and Woodlawn Avenue. (4) ,5,4 Ten (10) foot wide water service lateral easements and meter box easements shall be provided. Easements shall be located within unobstructed areas and clear access to the meter boxes shall be provided at all time. (5) 5.5 Prior to issuance of building permits, hydraulic analysis of proposed water distribution system and ability to meet OCFA fire flow demands and requirements shall be performed and certified by the developer. (1) 5.6 Prior to issuance of building permits, layout, location and sizes of the water distribution mains, water service lines and meters, fire service lines, backflow devices, control valves, easements and connections to the City of Tustin distribution system shall be approved by the City of Tustin. Exhibit A - Resolution 3889 DR 03-014 and CUP 03-013 Page 15 (1) s.7 (1) 5.8 (1) 5.9 (1) S.lO S.ll (1) 5.12 (1) $.13 Prior to issuance of certificate of occupancy, water system improvements shall be installed by the developer and conveyed to the City of Tustin. Developer shall be responsible for all costs relating to the installation of new domestic and firewater services and water connection fees. Developer shall be responsible for all costs of installation of new fire hydrants. All water distribution lines shall be of ductile iron material. Prior to recordation of the Final map, the applicant shall acquire an easement from the adjacent property for connection of proposed water service to existing water service. A separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan would need to include, but not be limited to, the following: a) Curb and Gutter b) Sidewalk, including curb ramps for the physically disabled c) Drive aprons d) Street lighting e) Catch basin/storm drain laterals/ f) Domestic water facilities g) Sanitary sewer facilities h) Landscape/irrigation i) Underground utility connections connection to existing storm drain system In addition, a 24"x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation will be required. Preparation of a sedimentation and erosion control plan for all work related to this development will be required. Preparation of plans for and construction of: All sanitary sewer facilities must be submitted as required by the City Engineer and local sewering agency. ^ domestic water system must be designed and installed to the standards of the City of Tustin Water Services Division. Improvement plans would also need to be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of water system design and the Exhibit A - Resolution 3889 DR 03-014 and CUP 03-013 Page 16 5.14 (1) S.lS 5.1s (1) 5.17 5.18 (4) 5.19 (4) 5.20 (1) 5.21 distribution of fire hydrants will be evaluated. The water distribution system and appurtenances would also need to conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Release/approval from East Orange County Water District would need to be obtained prior to receiving water service. A complete hydrology study and hydraulic calculations would need to be submitted for review and approval by the City. Preparation and submittal of a final grading plan showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information: · Final street elevations at key locations. · Final pad/finished floor elevations and key elevations for all site grading. All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. · All flood hazards of record. Existing sewer, domestic water, reclaimed water, and storm drain service laterals would need to be utilized whenever possible. Any damage done to existing street improvements and utilities would need to be repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. Reciprocal ingress, egress, parking, and pedestrian easements will need to be provided between each lot. Current Federal Americans with Disabilities Act (ADA) requirements will need to be met at the drive aprons. In addition to the normal full-size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 14 or 2000 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based Exhibit A - Resolution 3889 DR 03-014 and CUP 03-013 Page 17 (1) 5.22 (1) 5.23 (1) 5.24 (1) 5.25 (1) 5.26 (1) 5.27 (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2000. Drawings created in AutoCAD Release 14 are compatible and acceptable. The CADD files would need to be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions would need to be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. Subdivider's execution of a subdivision/monumentation agreement and furnishing the improvement/monumentation bonds as required by the City Engineer prior to recordation of the Final Map. The subdivider would need to satisfy dedication and/or reservation requirements as applicable including, but not limited to, dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer and other agencies. Prior to recordation of a Final Map, the applicant would need to provide fire protection access easements and dedicate them to the City. The easements would need to be located within unobstructed areas and clear access would need to be provided at all times. Preparation and recordation of a final subdivision map will be required. This development would need to comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State and Regional Water Quality Control Board rules and regulations. The City of Tustin is required to comply with State of California Waste Recycling requirements. To facilitate City compliance with this law, the Project Applicant/Contractor is required to submit and obtain approval from the Public Works Department of a Project Recycling Plan prior to the issuance of any grading, encroachment, or building permit. The Project Recycling Plan would need to demonstrate recovery and recycling of at least 50 percent of the total waste generated by the project and would need to consist of the following components: · In a narrative form, describe efforts which will be utilized to minimize the generation of waste during the project; and Exhibit A - Resolution 3889 DR 03-014 and CUP 03-013 Page 18 · Provide an estimate of the total amount of waste to be generated for the entire duration of the project; and Provide an estimate of the total amount of recyclable materials generated by the project, identified by recyclable material type; and Identify waste hauler(s) to be utilized during the project. Note: The City has an exclusive waste collection franchise with Federal Disposal Service of Santa Ana. No other haulers are to be utilized pursuant to City Code Section 4322; and · Identify recyclable material processing facilities which will be utilized to process materials generated by the project; and · Demonstrate that no waste generated by the project will be sent directly to any landfill; and Prior to the issuance of a Notice of Completion or a Certificate of Occupancy, submit a final report to the Public Works Department detailing actual quantities of the items listed above as well as a narrative summary of the recycling efforts implemented during the project. Prior to issuance of an occupancy permit, the applicant is required to submit recycling plans to the Public Works Department for each project tenant which demonstrates recycling or diversion from landfills of at least 50 percent of the total waste anticipated to be generated by each tenant. Prior to issuance of any grading, encroachment, or building permit, the applicant is required to submit waste trash enclosure plans to the Public Works Department which demonstrate the provision of adequate physical space to accommodate all planned tenant recycling programs. (5) 5.28 The City of Tustin has contracted with Federal Disposal Service of Santa Ana to provide all waste disposal and recycling services within the Tustin city limits. This is an exclusive contract that prohibits the use of other waste haulers to collect and dispose of any waste materials. ORANGE COUNTY FIRE AUTHORITY (OCFA) (s) 6.1 Prior to the issuance of any building permits, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on-site. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." Exhibit A - Resolution 3889 DR 03-014 and CUP 03-013 Page 19 (5) 6.2 (5) 6.3 (5) 6.4 (5) 6.5 (5) 6.6 Prior to the issuance of a precise building permit, the applicant shall submit and obtain approval of the Fire Chief and City staff of plans for all public or private access roads, streets, and courts. The plans shall include plan and sectional views and indicate the grade and width of the access road measured flow-line to flow-line. When a dead-end street exceeds 150 feet or when otherwise required, a clearly marked fire apparatus access turnaround must be provided and approved by the Fire Chief. Applicable CC&Rs or other approved documents shall contain provisions which prohibit obstructions such as speed bumps/humps, control gates, or other modifications within said easement or access road unless prior approval of the Fire Chief is granted. Please call OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." A note shall be placed on the fire protection access easement plan indicating that all street/road signs shall be designed and maintained to be either internally or externally illuminated in a manner meeting approval of Fire Chief. Prior to the issuance of any building permits, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbs and signage and include a detail of the proposed signage including the height, stroke, and colors of the lettering and its contrasting background. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access Roadways and Fire Lane Requirements." Prior to the issuance of any certificate of use and occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. The CC&Rs or other approved documents shall contain a fire lane map, provisions which prohibit parking in the fire lanes, and a method of enforcement. Prior to recordation of any final parcel map, the subdivider shall place a note on the map meeting the approval of the Fire Chief that the property is "Conditionally Excluded" from a "Special Fire Protection AreaNery High Fire Hazard Severity Zone" and must meet all conditions of exclusion as required by the Fire Chief. Prior to the issuance of any grading permits, the applicant shall obtain the approval from the Fire Chief for the construction of any gate across required fire department access roads. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guidelines for Design and Installation of Emergency Access Gates and Barriers." Exhibit A - Resolution 3889 DR 03-014 and CUP 03-013 Page 20 (5) 6.7 (5) 6.8 (5) 6.9 (5) 6.10 (5) 6.11 (5) 6.12 (5) 6.13 Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and all-weather fire protection access roads shall be in place and operational before any combustible material is placed on-site. Building permits will not be issued without OCFA approval obtained as a result of an on-site inspection. Please contact the OCFA at (714) 744- 0499 to obtain a copy of the standard combustible construction letter. Prior to the issuance of any building permits, the applicant shall submit a fire hydrant location plan to the Fire Chief for review and approval. Prior to the issuance of a building permit, the applicant shall submit evidence of the on-site fire hydrant system to the Fire Chief and indicate whether it is public or private. If the system is private, it shall be reviewed and approved by the Fire Chief prior to building permit issuance, and the applicant shall make provisions for the repair and maintenance of the system in a manner meeting the approval of the Fire Chief. Please contact the OCFA at (714) 744-0499 or visit the OCFA website for a copy of the "Guidelines for Private Fire Hydrant and/or Sprinkler Underground Piping." Prior to the issuance of any certificate of use and occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street as approved by the Fire Chief and must be maintained in good condition by the property owner. Please contact the OCFA at (714) 744-0499 or visit the OCFA website for a copy of the "Guideline for Installation of Blue Dot Hydrant Markers." Prior to the issuance of any building permits, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected. Prior to the recordation of a subdivision map, a note shall be placed on the map stating that all commercial structures exceeding 6,000 square feet (per amendment) and all structures exceeding fire department access requirements shall be protected by an automatic fire sprinkler system in a manner meeting the approval of the Fire Chief. Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any structure to the Fire Chief for review and approval. Please contact the OCFA at (714) 744- 0499 to request a copy of the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems." Exhibit A - Resolution 3889 DR 03-014 and CUP 03-013 Page 21 (5) 6.14 (5) 6.15 (5) 6.16 (5) 6.17 (6) 6.18 (5) 6.19 (5) 6.20 FEES Prior to the issuance of a certificate of use and occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. Prior to the issuance of a grading or building permit, the applicant shall submit to the Fire Chief a list of all hazardous, flammable and combustible liquids, solids or gases to be stored, used, or handled on-site. These materials shall be classified according to the Uniform Fire Code and a document submitted to the Fire Chief with a summary sheet listing the totals for storage and use for each hazard class. Please contact the OCFA at (714) 744-0499 or visit the OCF^ website to obtain a copy of the "Guideline for Completing Chemical Classification Packets." Prior to the issuance of a building permit, the applicant shall complete and submit to the Fire Chief a copy of a "Hazardous Materials Disclosure Chemical Inventory and Business Emergency Plan" packet. Please contact the OCFA Hazardous Materials Services Section at (714) 744- 0463 to obtain a copy of the packet. Prior to the issuance of any building permits, the applicant shall submit a detailed letter of intended use for each building on-site to the Fire Chief for review and approval. Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 744-0499 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review and approval. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guideline for New and Existing Fire Alarm Systems." This system shall be operational prior to the issuance of a certificate of use and occupancy. Prior to the issuance of a building permit or installation of any aboveground or any underground tank, plans shall be submitted to the Fire Chief for review and approval. Please contact the OCF^ at (714) 744- 0499 or visit the OCFA website to obtain a copy of "Guidelines for Private Use Dispensing of Motor Vehicle Fuel from Protected or Multi-Hazard Aboveground Storage Tanks," or "Guidelines for the Installation and Modification of Underground Storage Tanks at Fuel Dispensing Stations." Exhibit A - Resolution 3889 DR 03-014 and CUP 03-013 Page 22 (c) 7.1 (c) 7.2 Prior to issuance of any grading or building permits, payment shall be made of all required fees including, but not limited to: Transportation System Improvement Program (TSIP) in the amount of $3.31 per square foot for new or added gross floor area of construction or improvements. Major Thoroughfare and Bridge Fee in the amount of $3.37 per square foot as of July 1, 2003. Co School District Fee in the amount of $.34 per square foot of new or added gross square floor area of construction or improvements to the Tustin Unified School District. do New Development Fee in the amount of $.10 per square foot of floor area to the Community Development Department. Orange County Sanitation District No. 7 Sewer Connection Fees in the amount of $675/1,000 square foot (average capacity demand). f. Plan Check Fees to the Community Development Department based on the most current schedule. go Public Works/Engineering plan check and permit fees to the Public Works/Engineering Department based on the most current schedule. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. Within forty-eight (48) hours of project approval, the applicant would need to deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of forty-three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened RESOLUTION NO. 3890 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP 2003-169 TO SUBDIVIDE LOT "2" OF LOT LINE ADJUSTMENT 03-002 FOR CONDOMINIUM PURPOSES TO ACCOMODATE THE DEVELOPMENT OF ELEVEN (11) OFFICE BUILDINGS AT 15151 WOODLAWN AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: That a proper application for Tentative Parcel Map No. 2003-169 was submitted by Russ Werdin on behalf of SBC/Pacific Bell requesting approval to subdivide Lot "2" of Lot Line Adjustment 03-002 (3.558 acres) located at 15151 Woodlawn Avenue into condominium subdivision to accommodate the development of eleven (11) office buildings for a total of 57,161 square feet office complex; That a public hearing was duly called, noticed, and held for said map on August 11, 2003, by the Planning Commission; That the proposed subdivision is in conformance with the Tustin General Plan land use designation of Planned Community Commercial/Business and the Planned Community zoning district regulated by the Pacific Center East Specific Plan in that these designations provide for the development of professional and general offices; As conditioned, the map would be in conformance with the State Subdivision Map Act and the Tustin City Code Section 9323 (Subdivision Code); E. That the site is physically suitable for the type of development proposed; F. That the site is physically suitable for the proposed density of the development; That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. That the parcel map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; and, The parcel map is Categorically Exempt pursuant to Section 15315, Class 15 of Title 14, Chapter 3, of the California Code of Regulations (Guidelines for the California Environmental Quality Act). Resolution No. 3890 Page 2 II. The Planning Commission hereby recommends that the City Council approve Tentative Parcel Map 2003-169 to subdivide Lot "2" of Lot Line Adjustment 03-002 (3.558 acres) located at 15151 Woodlawn Avenue into condominium subdivision to accommodate the development of eleven (11) office buildings for a total of 57,161 square foot office complex, subject to the conditions contained in Exhibit A of Resolution No. 3889. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 11th day of August, 2003. LINDA C. JENNINGS Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3890 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11th day of August, 2003. ELIZABETH A. BINSACK Planning Commission Secretary