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2 RESOLUTION NO. 99-93
3 A RESOLUTION OF 'THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING DESIGN REVIEW 99-022 TO CONSTRUCT A 33,141
4 SQAURE FEET OFFCIE BUILDING ON THE PROPERTY LOCATED
s AT 2761 WALNUT AVENUE.
6 The City Council of the City of Tustin does hereby resolve as follows:
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I. The City Council finds and determines as follows:
g
A. That a proper application, Design Review 99-022, was filed by Wayne
9 Siu Architects on behalf of Jersey Business Center Associates
~0 ' requesting authorization to construct a 33,141 square foot office building
at 2761 Walnut Avenue.
B. In accordance with Section V(C) of the Planned Community District
12
Regulation for' Irvine Industrial Complex, 'the Planning Commission is
~3 authorized to consider approval of proposals for any structure exceeding
twenty five (25) feet in height.
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~s C. That said application was reviewed and considered by the Planning
Commission on October 25, 1999.
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D. Pursuant to Section 9272 of the Tustin Municipal Code, the City Council
~? .finds that the location, size, architectural features and general
~ appearance of Design Review 99-022 will not impair the orderly and
harmonious development of the area, the present or future development
~9 therein, or the occupancy as a whole. In making such findings, the
20 COmmission has considered at least the following items:
2~ 1. Height, bulk and area of buildings.
2. Setbacks and site planning.
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3. Exterior materials and colors.
23 4. Type and pitch of roofs.
5. . Size and spacing of windows, doors and other openings.
24 6. Towers, chimneys, roof structures, flagpoles, radio and television
:5 antennae.
7. LandsCaping, parking area design and traffic circulation.
26 8. Location, height and standards of exterior illumination.
9. Location and appearance of equipment located outside of an
27 enclosed structure.
2s 11.' Physical relationship of proposed structures to existing structures
in the neighborhood.
29
Resolution No. 99-93
DR 99-022
2 November 1, 1999
3 Page 2
4 12. Appearance and design relationship of proposed structures to
existing structures and possible future structures in the
5 neighborhood and public thoroughfares.
13. The proposed height of thirty one (31) feet would not penetrate
6
the "imaginary surface" which is at 100 feet in height at project
? location as defined in the Federal Aviation Regulation Part 77 and
8 adopted by the Airport Land Use Commission (ALUC).
9 G. In accordance with requirements of the California Environmental Quality
Act (CEQA), a Negative Declaration has been adopted by the City
~0 Council for the project.
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H. That the project has been reviewed for consistency with the Air Quality
22 Sub-Element of the City of Tustin General Plan and has been
determined to be consistent or has been conditioned to be consistent
~3 with the Air Quality Sub-Element.
14
I!. The City Council hereby approves Design Review 99-022 authorizing
25 construction of a 33,141 square foot office building at 2761 Walnut Avenue,
26 subject to the conditions contained in Exhibit .A attached hereto.
PASSED AND ADOPTED at a regular. meeting of the Tustin City Council, held on the
1 st day of November, 1999.
22 Y S WORLEY
22
23
,~ ~
25
26 F~tAMELA STOKER
TY CLERK .
27
28
2,9
EXHIBIT A
DESIGN REVIEW 99-022
RESOLUTION NO. 99-93
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed, project shall substantially conform with the submitted
plans for the project date-stamped October 25, 1999, on file with the
Community Development Department, as herein modified, or as modified
by the Director of Community Development Department in accordance
with this Exhibit. The Director may also approve minor modifications to
the plans if such modifications are determined to be consistent with the
approved plans.
(1) 1.2 Unless otherwise specified, the Conditions contained in this Exhibit shall
be complied with prior to the issuance of any building permits for the
project, subject to review and approval by the Community Development
Department.
(1) 1.3 Design Review approval shall become null and void unless all building
permits are issued within eighteen (18) months of the date of this Exhibit
and substantial construction is underway.
(1) 1.4 The applicant and property owner shall sign and return an Agreement to
Conditions Imposed form prior to issuance of building permits.
(1) 1.5 The applicant shall hold and defend the City. of Tustin harmless for all
claims and liabilities arising out of the. City's approval of the entitlement
process for this project.
(1) 1.6 Modifications to Design Review 99-022 may be considered by the
Planning Commission.
(1) 1.7 The applicant shall comply with all conditions contained in Resolution No.
3698 pertaining to Tentative Parcel Map 99-196.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY
(2) CEQA MITIGATION (.6) LANDSCAPING GUIDELINES
REQUIREMENTS (7) PC/CC POLICY
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
*** EXCEPTIONS
Exhibit A
Resolution No. 99-93
November 1, 1999
Page 2
PLAN SUBMITTAL
(3) 2.1 Indicate on the title sheet the applicable codes, City, state and federal
laws and regulations to include:
· 1997 Uniform Building Code with California Amendments
· 1997 'Uniform Mechanical and Plumbing Codes with California
Amendments
· 1996 National Electrical Code with California Amendments
· City of Tustin Grading and Security Ordinance
· City of Tustin Landscaping and Irrigation Guidelines
· City of Tustin Private Improvements Standards
(1) 2.2 A detailed soils engineering report and specifications shall be
submitted to and approved by the Building Official to ensure
conformance with the requirements of the Uniform Building Code and
all other applicable state and local laws, regulations and requirements.
(1) 2.3 At plan check, submit four (4) sets of construction plans. If applicable
provide two (2) sets of structural calculations and Title 24 energy
calculations prepared be a licensed engineer/architect. No field changes
shall be made without corrections submitted to and approved by the
Community Development Department.
(1) 2.4 All construction activity shall comply with the requirements of the City of
Tustin Grading Manual which requires frequent watering of the project
site for dust control.
(4) .2.5 All materials, styles and colors shall be consistent with the noted
materials on the plans and the submitted material sample board.
(4) 2.6 All roof-mounted equipment shall be screened by a parape~t designed
inclusively with the building elevations. The parapet height shall be a'
minimum of six inches above the height of roof-mounted equ)pment.
(4) 2.7 Parking lot lighting shall be designed to provide a minimum one (1) foot
Candle illumination in accordance with the City's Security Code. The
applicant shall' provide details of all proposed lighting fixtures and a
photometric study showing the location and anticipated distribution
pattern of light of all proposed fixtures. All new light fixtures shall be
designed with the architecture of the building and designed and
arranged as not to direct light or glare onto adjacent properties,
including the adjacent streets.
Exhibit A
Resolution No. 99-93
November 1, 1999
Page 3
(4) 2.8 In addition to the light poles, ground mounted pedestrian lighting shall be.
provided at the main entrance.
(4) 2.9 Submit a revised south elevation with proposed sign subject to final
approval of' the Community Development Department. If no sign is
proposed a symmetrical window arrangement shall be provided for the
south elevation. All signs require review and approval by the
Community Development Department prior to installation.
(1) 2.10 Provide elevations of the trash enclosure and provide dimensions of size,
height, setbacks, colors and materials. Provide information on the
proposed gate. The trash enclosure shall be installed with solid metal,
self-closing, setf-latching gates. The design of the trash enclosure shall
be at least six (6) feet in height and comply with the Great Western
Reclamation standards. The trash enclosure shall have materials
consistent with the buildings. The trash enclosure size shall have the
ability to accommodate the City's recycling program.
USE RESTRICTIONS
(4) 3.1 The proposed parcels are required to maintain independent driveway
access and on-site parking spaces. The proposed building is required
to provide 133 parking spaces, with a maximum of twenty.percent
(20%) compact spaces. The existing building is required to provide
seventy (70) parking spaces. Any revision to the number of parking
spaces shall be in accordance with the required parking criteria stated
the Planned Community Regulations. Expansion of the existing office
use in the existing building may be considered upon review and
approval of a revised parking summary.
LANDSCAPING
(6) 4.1 At Building Plan Check, complete detailed landscaping and irrigation
plans shall be submitted for the upgrade of all landscaped areas on the
site consistent with adopted City of Tustin Landscaping and Irrigation
Guidelines Submittal Requirements to the greatest extent feasible, as
determined by the Community Development Department. These plans
shall include the following:
a. A combination of planting materials shall be used in all landscape
areas.
b. Ground covers shall be planted between eight (8) and twelve (12)
inches on center.
Exhibit A
Resolution No. 99-93
November 1, 1999
Page 4
c. All plant materials shall be installed in a healthy vigorous condition
typical to the species and landscaping must be maintained in a
neat and healthy condition. This will include but not be limited to
trimming, mowing, weeding, removal of litter, fertilizing, regular
watering or replacement of diseased or dead plants.
d. All newly planted trees shall be staked in accordance with the
City's Landscaping and Irrigation Guidelines.
e. Plant materials shall be chosen and located to promote water and
energy conservation.
f. Provide summary table applying indexing identification to plant.
material in their actual location. The plan and table must list
botanical and common names, sizes, spacing, actual location and
quantity of the plant materials proposed. Note on plans that the
Community Development Department may request minor
substitutions of plant materials during plan check.
g. Show planting details, soil preparation, staking, etc.
h. The irrigation plan shall show location and control of backflow
prevention devices, pipe size, sprinkler type, spacing and
coverage. Details for all equipment must be provided. Note on
landscaping plan that coverage of landscaping irrigation materials
is subject to field inspection at project completion by the
Community Development Department.
i. Show all property lines on the landscaping and irrigation plan,
public right-of-way areas, sidewalk' widths, parkway areas and
wall locations.
j. Six (6) inch raised concrete curbs shall be placed on-site adjacent
to all landscape planting areas, unless approved otherwise by the
Community Development De partment.
k. The entire area within thirty (30) foot front setback along Walnut
Avenue except the vehicular and pedestrian access shall be
landscaped. The proposed lunch area shall be redesigned to
meet this requirement, subject to final approval by the Community
Development Department.
Exhibit A
Resolution No. 99-93
November 1, 1999
Page 5
I. Specifications for the proposed vine columns shall be provided
including the height and potential mass. Location and design of
the columns are subject to final approval of the Community
Development Department and the City Traffic Engineer.
m. Trees shall be minimum fifteen (15) gallon in size, provided at
least one (1) per each five (5) parking stalls.
n. The location of the irrigation electronic controller shall be shown
on the landscape and irrigation plans. The location shall take into
consideration the potential for vandalism and should be screened
from view by architectural elements.
ORANGE COUNTY FIRE AUTHORITY
Fire Hydrants:
*** 5.1 The property owner shall maintain two (2) fire hydrants on each of the
proposed parcels. The proposed parcels and office building shall meet
all requirements of the Orange County Fire Authority.
(5) 5.2 Prior to the issuance of a building permit, the applicant shall submit a fire
hydrant location plan for the review and approval of the Fire Chief.
(5) 5.3 Prior to issuance of a building permit, the applicant shall submit to the
Fire Chief evidence of the on-site fire hydrant system and indicate
whether it is public or pdvate. If the system is private, the system shall
be reviewed and-approved by the Fire Chief prior to issuance of a
building permit. Provisions shall be made by the applicant for the repair
and maintenance of the system, in a manner meeting the approval of the
Fire Chief.
(5) 5.4 Prior to issuance of any certificate of use and occupancy, all fire hydrants
shall have a blue reflective pavement marker indicating the hydrant
location on the street or drive per the Orange County Fire Authority
Standard as approved by the Fire Chief. These markers are to be
maintained in good condition by the property owner.
Water A vailability:
(5) 5.5 Prior to the issuance of a building permit, the applicant shall provide
evidence of adequate fire flow. The Orange County Fire Authority Water
Availability for Fire Protection form shall be signed by the applicable
Exhibit A
Resolution No. 99-93
November 1, 1999
Page 6
water district and submitted for approval to the Orange County Fire
Authority.
Automatic Fire Sprinkler System:
(5) 5.6 Prior to issuance of a building permit, the applicant shall submit plans for
the required automatic fire sprinkler system in any structure to the OCFA
for review and approval.
(5) 5.7 Prior to the issuance of a certificate of use and occupancy, the automatic
fire sprinkler system shall be operational in manner meeting the approval
of the Fire Chief.
Fire Access Roads:
(5) ,5.8 Prior to the issuance of any building permit, the applicant shall obtain
approval of the Fire Chief fo~ all fire prdtection access roads to within 150
feet of all portions of the exterior of every structure on site.
(5) 5.9 Street signs: A-note shall be placed on the fire protection access
easement plan indicating that all street/road signs shall be designed and
maintained to be either intemally or externally illuminated in a manner
meeting approval of the Fire Chief.
Street Markings:
(5) 5.10 Prior to the issuance of a building permit, the applicant shall submit plans
and obtain approval from the Fire Chief for the fire lanes on required fire
access roads less than 36 'feet in width. The plans shall indicate the
locations of red curbing and signage. A drawing of the proposed signage
with the height, stroke and color of lettering and the contrasting
background color shall be 'submitted to and approved by the Fire Chief.
(5) 5.11 Prior to the issuance of any certificate of use and occupancy, the fire
lanes shall be installed in accordance with the approved fire lane plan.
The CC&R's or other approVed documents, shall contain a fire lane map
and provisions which prohibit parking in the fire lanes. The method of
enforcement shall be documented.
Combustible Construction Letter
(5) 5.12 Prior to issuance of a building permit for combustible construction, the
builder shall submit a letter on company letterhead stating that water for
Exhibit A
Resolution No. 99-93
November 1, 1999
Page 7
fire-fighting purposes and the all weather fire protection access roads
shall be in place and operational before any combustible material is
placed on-site.
NOISE
(1) 6.1 All construction operations, including engine warm-up and deliveries of
materials and equipment, shall be subject to the provisions of the
Tustin Noise Ordinance and shall take place only between the hours of
7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00
a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the'
Building Official.
FEES
(1) 7.1 Prior to issuance of any building permits, payment shall be made of all
applicable fees, including but not limited to the following. Payment shall
be required based upon those rates in effect at the time of payment and
are subject to change.
a. Building plan check and permit fees to the Community
· Development Department based on the most current schedule.
b. Orange County Fire Authority plan check and inspection fees to
the Community Development Department based upon the most
current schedule.
c. Payment of the Major Thoroughfare and Bridge Fees to the
Tustin Public Works Department at the time a building permit is
issued. The current fee is $3.09 per square feet of building
area.
d. Payment of the Orange County Sanitation District No. 7 Sewer
Connection Fees at the time a building permit is issued. The
current fee is $675/1000 square feet of building area.
e. New development tax in the amount of $0.10 per square foot of
gross floor area.
f. School facilities fee in the amount of $0.31 per square foot.
g. Transportation System Improvement Program (TSIP), Benefit ..
Exhibit A
Resolution No. 99-93
November 1, 1999
Page 8
Area "B" fees in the amount of $3.31 per square foot of new or
added gross square floor area of construction or improvements to
the Community Development Department.
h. Within forty'eight (48) hours of approval of the subject project, the
applicant shall deliver to the Community Development
Department, a CASHIER'S CHECK payable to the County Clerk
in the amount of $38.00 (thirty eight dollars) to enable the City to
file the appropriate environmental documentation for the project.
If within such forty-eight (48) hour period that applicant has not
delivered to the Community Development Department the above-
noted check, the statute of limitations for any interested party to
challenge the environmental determination under the provisions of
the California Environmental Quality Act could be significantly
lengthened.
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
RESOLUTION NO. 99-93
Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council is
five; that the above and foregoing resolution was passed and adopted at a regular meeting of
the City Council held on the 1st day of November, 1999, by the following vote:
COUNCILMEMBER AYES: Worley, Thomas, Doyle, Potts, Saltarelli
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED None
COUNCILMEMBER ABSENT: None
Pamela Stoker, City Clerk