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Home My WebLink About04 DR 06-002, TPM 2006-103ITEM #4 �,SY Report to the Planning Commission DATE: MAY 8, 2006 SUBJECT: DESIGN REVIEW 06-002 AND TENTATIVE PARCEL MAP 2006-103 APPLICANT: WERDIN-SAUNDERS, LLC 4100 MAC ARTHUR BOULEVARD, SUITE 310 NEWPORT BEACH, CA 92660 7T9_. 14 OWNER: SBC/PACIFIC BELL 16755 VON KARMAN AVENUE, SUITE 130 IRVINE, CA 92606 ATTN: MICHAEL JOHZ LOCATION: 1412 EDINGER AVENUE ZONING: PACIFIC CENTER EAST SPECIFIC PLAN ENVIRONMENTAL STATUS: THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE PACIFIC CENTER EAST SPECIFIC PLAN CERTIFIED IN NOVEMBER 1990, AND SUBSEQUENT SUPPLEMENT #1 TO THE FINAL EIR IN MAY 2003 ADEQUATELY ADDRESSES POTENTIAL IMPACTS ASSOCIATED WITH THE PROPOSED PROJECT. NO ADDITIONAL ENVIRONMENTAL DOCU- MENTATION WILL BE PREPARED. REQUEST: 1) RECOMMEND THAT THE CITY COUNCIL FIND THAT TENTATIVE PARCEL MAP 2006-103 IS WITHIN THE SCOPE OF THE ADOPTED FINAL EIR AND SUPPLEMENT #1 FOR THE PACIFIC CENTER EAST SPECIFIC PLAN, AND FIND THAT DESIGN REVIEW 06-002 IS WITHIN THE SCOPE OF THE ADOPTED FINAL EIR AND SUPPLEMENT #1 FOR THE PACIFIC CENTER EAST SPECIFIC PLAN; 2) APPROVE DESIGN REVIEW 06-002 FOR SITE DEVELOPMENT, ARCHITECTURAL DESIGN, AND LANDSCAPE DESIGN FOR DEVELOPMENT OF TWO (2) NEW OFFICE BUILDINGS TOTALING 66,578 SQUARE FEET OF OFFICE AREA; Planning Commission Report TPM 2006-103 & DR 06-002 May S, 2006 Page 2 3) RECOMMEND THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP 2006-103 TO CREATE A PARCEL MAP FOR CONDOMINIUM PURPOSES ON LOT 2 OF LOT LINE ADJUSTMENT 05-002 TO ACCOMMODATE DEVELOPMENT OF TWO (2) NEW OFFICE BUILDINGS. RECOMMENDATION That the Planning Commission: 1. Adopt Resolution No. 4020 recommending that the City Council find that Tentative Parcel Map 2006-103 is within the scope of the adopted Final EIR and Supplement #1 for the Pacific Center East Specific Plan, and finding that Design Review 06-002 is within the scope of the adopted Final EIR and Supplement #1 for the Pacific Center East Specific Plan; 2. Adopt Resolution No. 4021 approving Design Review 06-002 for site development, architectural design, and landscape design for development of two (2) new office buildings totaling 66,578 square feet of office area; 3. Adopt Resolution No. 4022 recommending that the City Council approve Tentative Parcel Map 2006-103 to create a parcel map for condominium purposes on Lot 2 of Lot Line Adjustment 05-002 to accommodate development of two (2) new office buildings. BACKGROUND The project site is a 3.99 -acre vacant area on the SBC/Pacific Bell administrative office complex, immediately west of the existing two (2) story office buildings at the southwest corner of Red Hill Avenue and Edinger Avenue. The 3.99 -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. 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. Development regulations and thresholds were established for the site by adoption of Conditional Use Permit 84-20. 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. 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 Planning Commission Report TPM 2006-103 & DR 06-002 May 8, 2006 Page 3 via Edinger Avenue, Red Hill Avenue, and Industrial Drive (Attachment 1 — Location Map). DISCUSSION The proposed project involves construction of two (2) 2 -story tilt -up buildings to accommodate office uses under individual condominium ownership per Tentative Parcel Map 2006-103 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: Building No. Footprint Total Building Area 1 19,239 SF 38,478 SF 2 14,050 SF 28,100 SF Total 66,578 SF Site Plan The site is designed with two buildings and would have two main access points from Edinger Avenue and Industrial Drive. 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 and ending at the internal drive aisle between Edinger Avenue and Industrial Drive. 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 with shaped cornices and stucco walls up to thirty-eight (38) feet, three (3) inches high. The walls are enhanced with tower elements at the building corners and entrances and a repeated pattern of green window glazing on all elevations. The walls are also accented with % inch reveals, accent colors around the windows, and stacked stone veneer placed on the vertical columns at the tower elements. The main entrance design includes a 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 wall areas, Condition 2.2 is included to require submittal for staff approval of a lighting plan with specifications for all exterior light fixtures. Planning Commission Report TPM 2006-103 & DR 06-002 May 8, 2006 Page 4 Landscaping The PCESP calls for a specific streetscape concept that requires a landscape treatment within a thirty (30) foot landscape setback from Edinger Avenue and installation of certain types of street trees specified in the PCESP. As part of the Edinger Avenue widening project currently under construction, a meandering sidewalk and landscaping will be installed along the project frontage, including Canary Island Pines, ground cover, and turf. Olive, Kaffirbroom Coral, Crape Myrtle, and Carrotwood trees and various shrubs and ground cover will be planted throughout the site pursuant to the City of Tustin Landscape and Irrigation Guidelines and Parking Lot Design Standards. Condition 1.15 of Resolution No. 4021 is included to require a precise landscape and irrigation plan to be submitted for review and approval by staff prior to issuance of building permits. Parking The PCESP requires one (1) parking space for each 250 square foot office area and the project consists of a total of 66,578 square fee of office area. Based upon the required ratio, a total of 267 parking spaces would be required and 267 spaces would be provided. The Engineering Department determined that the previous environmental review and Specific Plan anticipated over 100,000 square feet of office use for this property; the proposed project includes 66,578 square feet of office area. Since the proposed project is not expected to result in increases in trip generation and the proposed land use is consistent with the PCESP, no parking or traffic impact is anticipated. Tentative Parcel Map Tentative Parcel Map 2006-103 (Attachment B — Submitted Plans) consists of a 3.99 -acre project site known as Lot 2 of Lot Line Adjustment 05-02. All existing easements will remain in effect; however, the applicant will create new Covenants, Conditions, and Restrictions (CC&Rs) per Condition 3.1 of Resolution No. 4022. The City's Engineering Division has reviewed TPM 2006-103 and determined it is technically correct. The new parcel complies with the development standards of the PSESP, including building site area and lot width, and with State subdivision requirements. Phasing Schedule As part of the mitigation measures for potential traffic impacts associated with the development within PCESP, a phasing schedule was created to ensure applicable 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. New development may be subject to fair share fees to be determined following the completion of a Fee Program related to traffic improvements for the PCESP. Condition 1.8 is included to require the property owner(s) to pay any fair share fees determined by the City upon the completion and/or adoption of the Fee Program. Planning Commission Report TPM 2006-103 & DR 06-002 May 8, 2006 Page 5 ENVIRONMENTAL ANALYSIS In November 1990, the City Council certified the Final Environmental Impact Report for the Pacific Center East Specific Plan, and Supplement #1 in May 2003. The proposed types and square footage of uses are consistent with the intensity of the planned development considered in the FEIR. Staff has prepared an Environmental Checklist that has concluded that all potential impacts of the project were previously addressed by the certified FEIR and Supplement #1, and that no additional impacts have been identified (Exhibit 1 of Resolution No. 4020). In addition, a mitigation monitoring program matrix was prepared by the Community Development Department that identifies the specific mitigation or implementation measures identified in the FEIR that are applicable to the project. All applicable mitigation and implementation for the project have been included as conditions in Resolution Nos. 4021 and 4022. ANALYSIS A decision to approve the design review 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 not be significantly impacted. The proposed development would provide adequate 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. JWM West Elizabeth A. Binsack Associate Planner Community Development Director Attachments: Attachment A - Location Map Attachment B - Submitted Plans Attachment C - Resolutions 4020, 4021, 4022 ATTACHMENT A Location Map LOCATION MAP PROJECT NO. ADDRESS 7 TPM 2006-103 r DR 06-002 LOCATION: 1412 Edinger Avenue (Lot 2 of Lot Line Adjustment 05-02) REQUEST: A request by Werdin-Saunders, LLC, to construct a total of 66,578 square feet of office uses in a two -building complex; and creation of Tentative Parcel Map 2006-103 for condominium purposes to allow for ownership of the individual building spaces. r' (Applicant: Werdin-Saunders, LLC; Owner: SBC/Pacific Bell) 4� ATTACHMENT B Submitted Plans r dwiovVAmN�OM'bfiV�fahNb✓i:�'(6��{��4=��WIIW �4ve��blM°wUmnl:l If ! aPPlAit ' � i ME solo r dwiovVAmN�OM'bfiV�fahNb✓i:�'(6��{��4=��WIIW �4ve��blM°wUmnl:l If ! aPPlAit ' � i r a � I ifI Y g fof..f1{ f9ff 111�se: P1� f �� ft�ffllf r dwiovVAmN�OM'bfiV�fahNb✓i:�'(6��{��4=��WIIW �4ve��blM°wUmnl:l � I •� Y� I ��v_ � !. — Irlrl ii r dwiovVAmN�OM'bfiV�fahNb✓i:�'(6��{��4=��WIIW �4ve��blM°wUmnl:l C C C C- C KI YNId 301dd0 01jIOVd l I I I I T Y I I ,I •;r ,aa I I z i 0 z b b 1 Y NWewii06nm Miw�9� VYM TwittY(6+aM[XW N�+AJ'M(tl�MY+MYPh\'tl d w-.wm mmaq MV Y[�..m fie�9/.. 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I� -- Al tl ld 3O1dd0 OIdIOVd NVIdDNIOVHD lvf d3ONOO b i x" ... .m..rmr. e.....r .r wNW1VNOdNOn NICNW _.. - .,. _.. ,y 1. _'____ i__ __ _ 1 a -- 6 a 300 X000000000 I O I' Z l _.. - .,. _.. ,y 1. _'____ i__ __ _ 1 -- W El it .G r r _ I B •- ---_ S a- y -- T -1 1 m VII 2 m !BE ns Si a ilf pill II1I,1! 1111 if IEEE= 1-M p ,F' Mo Z cr 2 I Z ATTACHMENT C Resolution Nos. 4020, 40213 4022 RESOLUTION NO. 4020 A RESOLUTION OF THE CITY OF TUSTIN PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL FIND THAT THE FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) FOR THE PACIFIC CENTER EAST SPECIFIC PLAN AND SUBSEQUENT SUPPLEMENT #1 TO THE FINAL EIR IS ADEQUATE FOR TENATIVE PARCEL MAP 2006- 103, AND DESIGN REVIEW 06-002, AND THAT ALL APPLICABLE MITIGATION MEASURES HAVE BEEN INCORPORATED INTO THE PROJECT AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Planning Commission of the City of Tustin does hereby resolve as follows: A. That Tentative Parcel Map 2006-103 and Design Review 06-002 are considered "projects" pursuant to the terms of the California Environmental Quality Act (CEQA); B. That a Final Environmental Impact Report (FEIR) and subsequent Supplement #1 for the Pacific Center East Specific Plan were prepared and certified, which considered the development of office uses within Planning Area 8, the site of the proposed project. A checklist was prepared that concluded that all potential impacts of the project were previously addressed by the certified FEIR and Supplement #1, and that no additional impacts have been identified; all applicable mitigation measures in the FEIR and Supplement #1 have been included as conditions of approval; C. The Planning Commission recommends that the City Council find that Tentative Parcel Map 2006-103 is within the scope of the Pacific Center East Specific Plan and was fully examined in the Pacific Center East Specific Plan FEIR and Supplement #1; no substantial changes are proposed in the Project or have occurred with respect to circumstances under which the Project is being undertaken since certification of the Pacific Center East Specific Plan FEIR and Supplement #1; no new information has become available since the certification of the Pacific Center East Specific Plan FEIR and Supplement #1, and pursuant to Public Resources Code Section 2116 and the requirements of CEQA regulations promulgated with respect thereto including Title 14 California Code of Regulations Sections 15162 and 15168(c), no additional environmental analysis, action, or document is required by CEQA, subject to the mitigation and implementation measures contained in Exhibit A attached hereto; and, Resolution No. 4020 Page 2 D. The Planning Commission finds that Design Review 06-002 is within the scope of the Pacific Center East Specific Plan and was fully examined in the Pacific Center East Specific Plan FEIR and Supplement #1; no substantial changes are proposed in the Project or have occurred with respect to circumstances under which the Project is being undertaken since certification of the Pacific Center East Specific Plan FOR and Supplement #1; no new information has become available since the certification of the Pacific Center East Specific Plan FOR and Supplement #1, and pursuant to Public Resources Code Section 2116 and the requirements of CEQA regulations promulgated with respect thereto including Title 14 California Code of Regulations Sections 15162 and 15168(c), no additional environmental analysis, action, or document is required by the CEQA, subject to the mitigation and implementation measures contained in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 8th day of May, 2006. 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. 4020duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of May, 2006. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A Environmental Analysis Checklist COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (711) 573-3100 ENVIRONMENTAL ANALYSIS CHECKLIST For Projects With Previously Certified/Approved Environmental Documents: Environmental Impact Report (EIR) and Supplement #1 for the Pacific Center East Specific Plan The following checklist takes into consideration the preparation of an environmental document prepared at an earlier stage of the proposed project. This checklist evaluates the adequacy of the earlier document pursuant to Section 15162 and 15168 of the California Environmental Quality Act (CEQA) Guidelines. A. BACKGROUND Project Title: Design Review 06-002 and Tentative Parcel Map 2006-103 Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Matt West Phone: (714) 573-3118 Project Location: 1412 Edinger Avenue, Tustin, Orange County, California Project Sponsor's Name and Address: Werdin-Saunders, LLC, 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: Construction of a total of 66,578 square feet of office uses in a two -building complex; and creation of Tentative Parcel Map 2006-103 for condominium purposes to allow for ownership of the individual building spaces. Surrounding Uses: North: Office Complex South: 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 East: Office Complex West: Light Industrial ❑ 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 C. DETERMINATION: On the basis of this initial evaluation: ❑ Agriculture Resources ❑ Biological Resources ❑ Geology/Soils ❑ Hydrology/Water Quality ❑ Mineral Resources ❑ Population/Housing ❑ Recreation ❑ Utilities/Service Systems ❑ 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: Elizabeth A. Binsack, Community Development Director D. EVALUATION OF ENVIRONMENTAL IMPACTS See Attached Title Associate Planner Date April 27, 2006 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? ❑ No Substantial New More Change From Significant Severe Previous _Impact Impacts Analysis ❑ ❑ ED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 0 IV. BIOLOGICAL RESOURCES: - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the 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? i) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS: - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: ❑ ❑ ❑ No Substantial Neu, More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic -related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste water? VILHAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? ❑ No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 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 OUALITY: — Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on - or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? I) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING — Would the project: No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 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? 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? ❑ No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ El ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. RECREATION — a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV.TRANSPORTATION/TRAFFIC— Would the project a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? ❑ No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis c) Displace substantial numbers of people, necessitating the ❑ construction of replacement housing elsewhere? ❑ Cl XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. RECREATION — a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV.TRANSPORTATION/TRAFFIC— Would the project a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 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? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ❑ ❑ ❑ ❑ ❑ No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ Cl ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS DESIGN REVIEW 06-002 AND TENTATIVE PARCEL MAP 2006-103 BACKGROUND The proposed project includes an application by Werdin-Saunders, LLC for the following: 1. Construction of a total of 66,578 square feet of office complex; and, 2. Creation of Tentative Parcel Map 2006 on Lot 2 of Lot Line Adjustment 05-02 into a condominium subdivision to allow for ownership purposes. The project area is a 3.99 -acre vacant area along the south side of Edinger Avenue, approximately 400 feet west of Red Hill Avenue adjacent to the SBC/Pacific Bell administrative office complex. The 3.99 -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 east and south, a parking lot and light industrial uses to the west, and office uses to the north across Edinger Avenue. 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 development is consistent with the intent of the PCESP. The proposed development consists of two (2) 2 -story tilt -up buildings with multiple spaces within each building that will be owned independently with shared common areas regulated by CC&Rs. This is an Environmental Checklist that evaluates the proposed project in light of the environmental analysis included in Environmental Impact Report (EIR) 90-1, which was previously certified on December 17, 1990, and the Supplement certified on May 5, 2003, for the PCESP. In conformance with the California Environmental Quality Act (CEQA), the purpose of this analysis is to determine whether the proposed project introduces significantly new environmental impacts that were not previously considered in the Program EIR. Staff has concluded that all related environmental impacts were previously considered in EIR 90-1 and Supplement #1, and mitigation measures have been identified and included as conditions of approval for the project. No additional environmental document is needed or will be prepared for this project. The following information provides background support for the conclusions identified in the Environmental Analysis Checklist. DR 06-002 & TPM 2006-103 Attachment A Page 2 AESTHETICS Items a through d: The project includes the construction of a new 66,578 square foot office complex on a vacant lot. The site is surrounded by an office complex to the east and south, a parking lot and light industrial uses to the west, and office uses across 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, approval of Design Review (DR) 06-002 would ensure that the visual character of the project would be consistent with the district regulations for the PCESP and complementary to existing buildings within the immediate vicinity. Therefore, the impact on the visual character of the site would be less than significant. The project will include a new source of parking lot and building lighting that will be mitigated through the use of shielding as necessary. The lighting would not be substantial and would not affect day or nighttime views in the area. Sensitive placement of the new building and landscaping, utilization of 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. Also, 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. Consequently, no substantial change is expected from the analysis previously completed in the Final EIR and Supplement #1 for the PCESP. Sources: Submitted Plans Final EIR 90-1 and Supplement #1 Tustin City Code Field Inspection Pacific Center East Specific Plan Mitigation Measures/Monitoring Required: Compliance with existing rules and regulation is not mitigation per CEQA; consequently, no mitigation is required. AGRICULTURAL RESOURCES Items a, b, and c: The property is currently vacant and the site was part of the Pacific Bell/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 DR 06-002 & TPM 2006-103 Attachment A Page 3 Farmland of Statewide Importance to a non-agricultural use, nor would it conflict with existing zoning for agricultural use or a Williamson Act contract. No substantial change is expected from the analysis previously completed in the Final EIR and Supplement #1 for the PCESP. Mitigation Measures/Monitoring Required: None Required Sources: Tustin General Plan Final EIR 90-1 and Supplement #1 Field Inspection Submitted Plans Tustin City Code Pacific Center East Specific Plan III. AIR QUALITY Items a. b, c, d, and e: 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 any Federal or local air quality standard, nor would it expose sensitive receptors to substantial pollutant concentrations, or create objectionable odors affecting a substantial number of people. No substantial change is expected from the analysis previously completed in the Final EIR and Supplement #1 for the PCESP. Mitigation Measures/Monitoring Required: Compliance with existing rules and regulation is not mitigation per CEQA; consequently, no mitigation is required. DR 06-002 & TPM 2006-103 Attachment A Page 4 Sources: South Coast Air Quality Management District Rules & Regulations City of Tustin Grading Manual Final EIR 90-1 and Supplement #1 Project Application Field Inspection Pacific Center East Specific Plan IV. BIOLOGICAL RESOURCES Items a, b, c, d, e, and f: The property is currently vacant. The project site is surrounded by an 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 Final EIR 90-1 and Supplement #1 Submitted Plans Tustin City Code Pacific Center East Specific Plan V. CULTURAL RESOURCES Items a, b, c, and d: No historical or archaeological resource was known to be on the site; however, if any archaeological remains were uncovered during excavation or construction work in the affected area is required to be suspended until a recognized specialist from an established institution conducts a survey and takes necessary actions in accordance with CEQA guidelines. As a result, 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. The project would also not directly, or indirectly, destroy a unique paleontological resource or site or unique DR 06-002 & TPM 2006-103 Attachment A Page 5 geologic feature, and would not disturb any human remains, including those interred outside of formal cemeteries. Mitigation Measures/Monitoring Required: Addressed per previous mitigation measures in Final EIR 90-1 Sources: Submitted Plans Tustin Zoning Code Tustin City Code Final EIR 90-1 and Supplement #1 Tustin General Plan Tustin Historical Resources Survey Report Pacific Center East Specific Plan VI. GEOLOGY & SOILS Items a -e: 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- 1-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 impacts to a level of insignificance. 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. Consequently, no substantial change is expected from the analysis previously completed in the Final EIR and Supplement #1 for the PCESP. Mitigation Measures/Monitoring Required: Compliance with existing rules and regulation is not mitigation per CEQA; consequently, no mitigation is required. Sources: Tustin General Plan Tustin City Code Final EIR 90-1 and Supplement #1 2001 Uniform Building Code DR 06-002 & TPM 2006-103 Attachment A Page 6 California Seismic Hazard Zone Map, Tustin Quadrangle, January 17, 2001 Pacific Center East Specific Plan VII. HAZARDS & HAZARDOUS MATERIALS Items a - h: The project proposes construction of a new 66,578 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 private 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: Compliance with existing rules and regulation is not mitigation per CEQA; consequently, no mitigation is required. Sources: Uniform Building and Fire Codes Submitted Plans Final EIR 90-1 and Supplement #1 Tustin General Plan Pacific Center East Specific Plan VIII. HYDROLOGY & WATER QUALITY Items a - p: The project site is relatively flat, and the proposed project will remain a flat site with improved site drainage and additional landscaping. The proposed project does create a 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 NPDES permit (Santa DR 06-002 & TPM 2006-103 Attachment A Page 7 Ana Regional Water Quality Control Board (RWQCB) Order R8-2002-0010), to reduce 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. 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 mudflow. Mitigation Measures: Compliance with existing rules and regulation is not mitigation per CEQA; consequently, no mitigation is required. Sources: Field Verification Submitted Plans Tustin City Code Final EIR 90-1 and Supplement #1 California Seismic Hazard Zone Map, 2001 Pacific Center East Specific Plan IX. LAND USE PLANNING Items a, b, and c: Tustin Quadrangle, January 17, 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 DR 06-002 & TPM 2006-103 Attachment A Page 8 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 Final EIR 90-1 and Supplement #1 Tustin General Plan Tustin Zoning Map Pacific Center East Specific Plan X. MINERAL RESOURCES Items a and b: No mineral resources are known to exist on the site and no mining operations exist on the site. 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 Final EIR 90-1 and Supplement #1 Tustin General Plan Pacific Center East Specific Plan XI. NOISE Items a - f: The project includes construction of a new 66,578 square foot office complex on a vacant lot. The grading and construction of the site would result in short-term construction noise impacts. However, the Tustin City Code will be enforced to require compliance with the City's Noise Ordinance and construction hour limitations. 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 any additional project related noise would be considered insignificant. The proposed DR 06-002 & TPM 200E-103 Attachment A Page 9 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 is subject to the Tustin Noise standards, thus reducing any potential impacts to a level of insignificance. 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: Compliance with existing rules and regulation is not mitigation per CEQA; consequently, no mitigation is required. Sources: Submitted Plans Final EIR and Supplement #1 Tustin City Code Tustin General Plan Pacific Center East Specific Plan XII. POPULATION & HOUSING Items a, b, and c: 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. Mitigation Measures/Monitoring Required: None Sources: Submitted Plans Tustin City Code Tustin General Plan Final EIR 90-1 and Supplement #1 Pacific Center East Specific Plan XIII. PUBLIC SERVICES Item a — No Impact: The proposed project is proposed within an existing urbanized area where fire and police protection are currently provided. No increase in population is anticipated. DR 06-002 & TPM 2006-103 Attachment A Page 10 The project would not create additional demand for an alteration of or addition to existing 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 Final EIR 90-1 and Supplement #1 Pacific Center East Specific Plan XIV. RECREATION Items a and b: The project is not located in proximity to recreational facilities. The project by nature would not substantially increase the use of existing parks or contribute to a substantial deterioration of park facilities, nor would the project create 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 Final EIR 90-1 and Supplement #1 Pacific Center East Specific Plan XV. TRANSPORTATION/TRAFFIC Items a — f: The proposed project involves the construction of a new 66,578 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 considered for consistency with uses analyzed in the Final EIR 90-1 and Supplemental #1 for the PCESP, and it was determined that the project would result in the same vehicle trip generation. Although the proposed project would generate new vehicle trips to the site; the increase is consistent with the analyses previously considered in the EIR and Supplement #1 for the PCESP. The project would comply with building thresholds established in the PCESP, and the Tustin Engineering Division has determined the proposed project would be within the traffic thresholds established by Final EIR DR 06-002 & TPM 2006-103 Attachment A Page 11 90-1 and Supplemental #1. Therefore, any potential impacts related to traffic would be reduced to a level of insignificance. In addition, 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 PCESP parking requirements for the proposed use. As such, no impacts to parking are anticipated. Mitigation Measures/Monitoring Required: Compliance with existing rules and regulation is not mitigation per CEQA; consequently, no mitigation is required. Sources: Submitted Plans Tustin City Code Tustin General Plan Pacific Center East Specific Plan Final EIR 90-1 and Supplement #1 XVI. UTILITIES & SERVICE SYSTEMS Items a - g: The proposed project would not exceed demand requirements of the applicable utility companies serving the site or require or result in the construction of new utility facilities. The proposed project would utilize the existing utility 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, thus not requiring a new trash hauler. Adequate utility supply from existing resources would be available to serve the proposed project. Mitigation Measures/Monitoring Required: None Required. Sources: Submitted Plans Tustin City Code Final EIR 90-1 and Supplement #1 Tustin General Plan Pacific Center East Specific Plan DR 06-002 & TPM 2006-103 Attachment A Page 12 XVII.MANDATORY FINDINGS OF SIGNIFICANCE Items a - c: The grading, construction, and operation of the proposed project 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. Based upon the foregoing, the proposed project does not have the potential to degrade the quality of the environment, substantially reduce the habitats or wildlife populations to decrease or threaten, eliminate, or reduce animal ranges, etc. 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 Final EIR 90-1 and Supplemental #1 Tustin General Plan Pacific Center East Specific Plan S:\UdWATT\Pamel Map\PM 2006-103\TPM 2006-103 CEQA- AllachmeM A.d0C RESOLUTION NO. 4021 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 06-002 FOR THE CONSTRUCTION OF TWO (2) 2 -STORY OFFICE BUILDINGS TOTALING 66,578 SQUARE FEET OF CONDOMINIUM OFFICE AREA LOCATED AT 1412 EDINGER AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Design Review 06-002 was filed by Werdin-Saunders, LLC, on behalf of SBC/Pacific Bell, requesting approval to construct two (2) 2 -story office buildings totaling 66,578 square feet of condominium office area within Planning Area 8 of the Pacific Center East Specific Plan. B. 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. C. That the Planning Commission considered the project on May 8, 2006. D. Pursuant to Section 9272 of the Tustin Municipal Code, 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 4021 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. E. 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 office uses in the area. F. That a Final Environmental Impact Report and Supplement #1 for the Pacific Center East Specific Plan were prepared and certified, which considered the development of office uses within Planning Area 8. An Environmental Checklist was prepared that determined that all potential impacts of the project were previously addressed by the certified FEIR and Supplement #1 and that no additional impacts have been identified; all applicable mitigation measures in the FEIR and Supplement #1 have been included in the Mitigation Monitoring Program or as conditions of approval. The Planning Commission has adopted Resolution No. 4020 finding that the FEIR and Supplement #1 for the Pacific Center East Specific Plan adequately addressed all potential impacts related to the design and construction for the development of 66,578 square feet of office uses. The Planning Commission hereby approves Design Review 06-002 authorizing the development of two (2) 2 -story office buildings totaling 66,578 square feet of condominium office area within Planning Area 8 of the Pacific Center East Specific Plan located at 1412 Edinger 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 8'" day of May, 2006. Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution 4021 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. 4021 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of May, 2006. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL DESIGN REVIEW 06-002 MAY 8, 2006 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 8, 2006, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 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) 1.3 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 considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Design Review 06-002 is contingent upon the applicant returning 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 Discretionary Permit Approval and Conditions of Approval' form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A - Resolution 4021 DR 06-002 Page 2 (1) 1.5 As a condition of approval of Design Review 06-002 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 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) 1.7 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) 1.8 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) may be subject to pay fees to cover their fair share obligation upon completion of the fee program. Pursuant to the Pacific Center East Specific Plan and Conditional Use Permit 84-20, the property owners may be required to pay fees to cover their fair share obligation upon completion of the Fee Program. Prior to issuing of building permits, the property owner shall enter into an agreement with the City to pay any required fair share obligation of the traffic and infrastructure fees. ARCHITECTURE (4) 1.9 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 all construction plans and elevations submitted for Building Permit Plan Check. Exhibit A - Resolution 4021 DR 06-002 Page 3 (4) 1.10 Provide exact details for the exterior door and window types on the construction plans. (4) 1.11 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) 1.12 All exposed metal flashing or trim shall be painted to match the building. (4) 1.13 No exterior downspouts or roof scuppers shall be permitted. All roof drains shall utilize interior piping, but may have exterior outlets at base of buildings. LANDSCAPING (4) 1.14 Complete landscape and irrigation plans that comply with the City of Tustin Landscape and Irrigation Guidelines shall be submitted at final plan check. (6) 1.15 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) 1.16 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) 1.17 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 4021 DR 06-002 Page 4 (6) 1.18 Drought tolerant 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. USE (4) 1.19 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. (4) 1.20 All building locking devices on the premises shall meet the requirements of the City's Security Ordinance. (1) 1.21 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. (1) 1.22 All business activities, storage, or other activities shall be conducted entirely within the subject building. (1) 1.23 Outside storage or display of merchandise is prohibited, except as authorized by the Community Development Director. NOISE (1) 1.24 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 approved by the Building Official. (1) 1.25 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. Exhibit A - Resolution 4021 DR 06-002 Page 5 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), 2004 California Electrical Code (CEC), California Title 24 Accessibility Regulations, 2005 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations 2005 Edition. (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. • 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 architecture 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." • 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. An elevation showing that rooftop equipment is installed below the height of the parapet shall be submitted. • Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (3) 2.3 Prior to issuance of a demolition, precise/rough grading, and/or building permit with valuation of $50,000 or greater, the applicant shall submit for approval by the City of Tustin, Construction & Demolition (C&D) debris Exhibit A - Resolution 4021 DR 06-002 Page 6 collection, disposal, and diversion information on the City -prescribed forms. At least 50 percent of the construction debris shall be diverted from landfill to the recycling plants. A security deposit in the amount of $50 per ton (not to exceed $5,000 per project) for a C&D security deposit will be collected prior to issuance the permit. Prior to final inspection, the applicant shall submit to the City of Tustin documents (i.e. receipt from vendor) showing actual weight or volume of each material of C&D diverted to the recycling center. For any questions or concerns, please contact Joe Meyers at (714) 573-3173. (City Ordinance 1281) (3) 2.4 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 a 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 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. (3) 2.5 The engineer of record shall submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. (3) 2.6 The engineer of record shall submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. (3) 2.7 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. Exhibit A - Resolution 4021 DR 06-002 Page 7 (3) 2.8 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. (3) 2.9 For all sites one (1) acre or more, the applicant shall comply with the following conditions pertaining to the requirement for a Water Quality Management Plan: • Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, 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 specified detailing 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. Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700.00 for the estimated cost 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 any additional review cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. Prior to issuance of any permits, the property owner(s) shall record a declaration of restrictions with the County Clerk Recorder. This declaration binds current and future owner(s) of the property regarding implementation and maintenance of the structural and non structural BMPs as specified in the approved WQMP. This form can be obtained from the Community Development Department. • The Community Development and Public Works Departments shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. (3) 2.10 Prior to issuance of grading permits, the applicant shall submit a copy of the Notice of Intent (NOI) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System (NPDES) State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Control Board. Evidence that the NO] has been obtained shall be submitted to the Exhibit A - Resolution 4021 DR 06-002 Page 8 Building Official. In addition, the applicant shall include notes on the grading plans indicating that the project will be implemented in compliance with the Statewide Permit for General Construction Activities. 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 storm water 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 flake 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 chlorinated 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 Elimination System Permit from the California State Regional Water Quality Control Board. (3) 2.11 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. (3) 2.12 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 Exhibit A - Resolution 4021 DR 06-002 Page 9 in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. (3) 2.13 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. (3) 2.14 An adequate size trash enclosure with solid metal, self-closing, self -latching gates is required to be located on the property and maintained to avoid health issues for neighboring commercial and residential areas. 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. (3) 2.15 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. ENGINEERING () 3.1 Prior to issuance of a building permit or approval of final map, whichever occurs first, the applicant shall enter into a landscape maintenance agreement with the City of Tustin for parkway improvements with public right-of-way along Edinger Avenue. Any damage done to existing street improvements and utilities shall be repaired. (1) 3.2 Preparation of a sedimentation and erosion control plan for all work related to this development shall be required. (1) 3.3 Preparation of plans for and construction of: A. All sanitary sewer facilities shall be submitted as required by the City Engineer and local sewering agency. B. A domestic water system shall be designed and installed to the standards of the City of Tustin Water Services Division. (1) 3.4 A complete hydrology study and hydraulic calculations shall be submitted for review and approval by the City. Exhibit A - Resolution 4021 DR 06-002 Page 10 (1) 3.5 Permission from property owners shall be required for any work located on adjacent properties. (1) 3.6 Adequate horizontal and vertical intersection sight line shall be provided. In general a 25' x 25' limited use area triangle provides adequate sight at typical driveways. Additional sight evaluation, however, could be required to satisfy City of Tustin Standard Drawings and Design Standards for Public Works Construction No. 510 for all affected streets. The sight lines would be shown on the grading plan and landscape plan. If detailed analyses are requested, all landscaping within the limited use area would need to comply with City of Tustin Standard Drawings and Design Standards for Public Works Construction No. 510. (1) 3.7 Existing sewer, domestic water, reclaimed water, and storm drain service laterals shall be utilized whenever possible. (1) 3.8 Any damage done to existing street improvements and utilities shall be repaired before issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (1) 3.9 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 3.10 The developer shall satisfy dedication and/or reservation requirements as applicable, including but not limited to dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer and other agencies. (1) 3.11 Prior to issuance of certificate of use and occupancy, reciprocal ingress, egress, parking and pedestrian easements shall be established between each lot and adjacent owner. (1) 3.12 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the drive aprons and pedestrian walkways. (1) 3.13 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 shall be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 2004 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD -based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings shall be in AutoCAD "DWG" format (i.e., produced Exhibit A - Resolution 4021 DR 06-002 Page 11 using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2004. Drawings created in AutoCAD Release 2000 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built' conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built' CADD files have been submitted. (1) 3.14 Preparation and recordation of a final subdivision map shall be required. (1) 3.15 Upon recordation of Final Map, the applicant shall obtain a new address from the Engineering Division. (1) 3.16 Project Recycling Requirement — The City of Tustin is required to comply with the recycling requirements contained in the California Integrated Waste Management Act of 1989. To facilitate City compliance with this law, the Project Applicant is required to comply with Section 4327 of the Tustin City Code which details requirements for developing and implementing a Waste Management Plan. (1) 3.17 Commercial Recycling a. The Applicant, Property Owner, and/or tenant(s) are required to participate in the City's recycling program. b. Prior to issuance of a building permit, a solid waste recycling plan identifying planned source separate and recycling programs shall be submitted and approved by the City of Tustin Public Works Department. (1) 3.18 Improvement plans shall be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. (1) 3.19 Hydraulic analysis of the proposed water system and ability to meet the Orange County fire Authority (OCFA) fire flow demands and requirements be performed and certified by the developer. (1) 3.20 Location of fire hydrants to be approved by the City of Tustin and the Orange County Fire Authority. Exhibit A - Resolution 4021 DR 06-002 Page 12 (1) 3.21 The developer shall be responsible for all costs related to the abandonment, at the water main, of all existing potable water and fire service connections. (1) 3.22 The developer shall be responsible for all costs related to the installation of new potable and firewater services. (1) 3.23 Approval from the Water Services Division is required for permitting or construction of any new service connections, abandonment or relocation of existing services, or improvements that will affect City's water facilities. (1) 3.24 This development shall 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. (1) 3.25 Water system improvements shall be designed in accordance with the requirements and standards of the City of Tustin Department of Public Works or AWWA. COVENANTS, CONDITIONS AND RESTRICTIONS (CC&Rs (1) 4.1 Prior to issuance of first certificate of use and occupancy or recordation of the final map, whichever occurs first, all organizational documents for the project including any covenants, conditions, and restrictions (CC&Rs), shall be submitted to and approved by the Community Development Department and the City Attorney's Office and recorded with County Recorder's Office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department within five (5) days of recordation. At a minimum, the following items shall be included: A. 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. B. The requirement that association bylaws be established. C. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including buildings and amenities, landscaped areas, walls and fences, private roadways (i.e., walks, sidewalks), etc. Maintenance standards shall also be provided. Examples of maintenance standards are shown below. Exhibit A - Resolution 4021 DR 06-002 Page 13 1. All common area landscaping and private areas visible from any public way shall be properly maintained such that they are 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 vehicular or pedestrian traffic. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. 2. All private roadways, sidewalks, and open space areas 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. 3. Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare. D. Membership in the association shall be inseparable from ownership in individual units. E. Architectural controls shall be provided and may include, but not be limited to, provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as mechanical equipment, television and radio antenna, and signs, consistent with the Tustin City Code and the Planned Community Industrial zoning district. F. Parking controls shall be provided and may include, but not be limited to, provisions regulating vehicle and truck deliveries, vehicle and truck parking, loading and unloading activities, etc. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 5.1 Prior to the issuance of any building permit, the applicant shall submit a fire hydrant location plan to the Fire Chief for review and approval. (5) 5.2 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 Exhibit A - Resolution 4021 DR 06-002 Page 14 condition by the property owner. Please contact the OCFA at (714) 573- 6121 or visit the OCFA website for a copy of the "Guideline for Installation of Blue Dot Hydrant Markers." (5) 5.3 Prior to the issuance of a 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. (5) 5.4 Prior to the issuance of any building permits, a note shall be placed on the site plans stating that all commercial structures exceeding 5000 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. (5) 5.5 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. (5) 5.6 Prior to the issuance of any grading or 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) 573-6121 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." (5) 5.7 Prior to the issuance of 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) 573-6121 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access Roadways and Fire Lane Requirements." (5) 5.8 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) 573-6100 to obtain a copy of the standard combustible construction letter. (5) 5.9 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 Exhibit A - Resolution 4021 DR 06-002 Page 15 contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. (5) 5.10 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) 573-6100 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. FEES (5) 6.1 Prior to issuance of any grading or building permits, payment shall be made of all required fees including, but not limited to: a. Payment of the Transportation System Improvement Program (TSIP) fees; the current fee in the amount of $3.31 per square foot for new or added gross floor area of construction or improvements. b. Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department at the time a building permit is issued. C. Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees at the time a building permit is issued. d. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. e. New Development Fee in the amount of $.10 per square foot of floor area to the Community Development Department. Plan Check Fees to the Community Development Department based on the most current schedule. g. 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. The applicant shall reimburse the City of Tustin for the actual cost incurred to the City by the City Attorney and/or Special Counsel service for review of the CC&Rs per City Council Resolution 05-99. (1) 6.2 Within forty-eight (48) hours of project approval, the applicant would need to deliver to the Community Development Department, a cashier's check Exhibit A - Resolution 4021 DR 06-002 Page 16 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. 4022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP 2006-103 TO CREATE A PARCEL MAP FOR CONDOMINIUM PURPOSES ON LOT 2 OF LOT LINE ADJUSTMENT 05-002 TO ACCOMMODATE DEVELOPMENT OF TWO (2) NEW OFFICE BUILDINGS. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Tentative Parcel Map No. 2006-103 was submitted by Werdin-Saunders, LLC requesting approval to create a parcel map for condominium purposes on an existing 3.99 -acre parcel, also known as Lot 2 of Lot Line Adjustment 05-02, at 1412 Edinger Avenue, to accommodate development of two (2) new office buildings; B. That a public hearing was duly called, noticed, and held for said map on May 8, 2006, by the Planning Commission; C. 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; D. As conditioned, the map would be in conformance with the State Subdivision Map Act and 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; G. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. H. 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, I. 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. 4022 Page 2 The Planning Commission hereby recommends that the City Council approve Tentative Parcel Map 2006-103 to create a parcel map for condominium purposes on an existing 3.99 -acre parcel, also known as Lot 2 of Lot Line Adjustment 05-02, at 1412 Edinger Avenue, to accommodate development of two (2) new office buildings, subject to the conditions contained in Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 8t' day of May, 2006. 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. 4022 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8`h day of May, 2006. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4022 TENTATIVE PARCEL MAP 2006-103 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed Project shall substantially conform with the submitted plans approved for Tentative Parcel Map 2006-103, dated May 8, 2006, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 Approval of Tentative Parcel Map 2006-103 is contingent upon the applicant returning 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 Discretionary Permit Approval and Conditions of Approval' form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Depar'ment. (1) 1.3 As a condition of approval of Tentative Parcel Map 2006-103, 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. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4022 TPM 2006-103 Page 2 (1) 1.4 Within twenty-four (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) 1.5 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. PUBLIC WORKS DEPARTMENT (1) 2.1 Prior to approval of the Final Parcel Map, a separate 24 -inch by 36 -inch street improvement plan, as prepared by a California Registered Civil Engineer, shall be required for all construction within the public right-of- way. Construction and/or replacement of any missing or damaged public improvements shall be required to be completed adjacent to this project. a) Curb and gutter h) Domestic water facilities b) Sidewalk, including curb ramps 1) Reclaimed water facilities for the physically disabled j) Sanitary sewer facilities c) Drive aprons k) Landscape/irrigation d) Signing/striping plan 1) Underground utility connections e) Street paving m) Traffic signal plan f) Street lighting g) Catch basin/storm drain laterals/ connection to existing storm drain system In addition, a 24 -inch by 36 -inch 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 (1) 2.2 The applicant shall satisfy dedication and/or reservation requirements as applicable, including but not limited to, dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer and other agencies. (1) 2.3 The applicant shall provide fire protection access easements and dedicate them to the City on the Final Map. The easements shall be located within unobstructed areas and clear access shall be provided at all times. Exhibit A Resolution No. 4022 TPM 2006-103 Page 3 (1) 2.4 Owner'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 will be required. (1) 2.5 Preparation and recordation of a final subdivision map will be required. (1) 2.6 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 (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 2000 or Release 14 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. (*) 2.7 Prior to issuance of a building permit or approval of final map, whichever occurs first, the applicant shall enter into a landscape maintenance agreement with the City of Tustin for parkway improvements with public right-of-way along Edinger Avenue. Any damage done to existing street improvements and utilities shall be repaired. COVENANTS, CONDITIONS, AND RESTRICTIONS (CC&Rs) (1) 3.1 Prior to issuance of building permits or recordation of the final map, whichever occurs first, all organizational documents for the project including any covenants, conditions, and restrictions (CC&Rs), shall be submitted to and approved by the Community Development Department and the City Attorney's Office and recorded with County Recorder's Office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department within five (5) days of recordation. At a minimum, the following items shall be included: Exhibit A Resolution No. 4022 TPM 2006-103 Page 4 A. 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. B. The requirement that association bylaws be established. C. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including buildings and amenities, landscaped areas, walls and fences, private roadways (i.e., walks, sidewalks), etc. Maintenance standards shall also be provided. Examples of maintenance standards are shown below. 1. All common area landscaping and private areas visible from any public way shall be properly maintained such that they are 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 vehicular or pedestrian traffic. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. 2. All private roadways, sidewalks, and open space areas 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. 3. Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare. D. Membership in the association shall be inseparable from ownership in individual units. E. Architectural controls shall be provided and may include, but not be limited to, provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as mechanical equipment, television and radio antenna, and signs, consistent with Exhibit A Resolution No. 4022 TPM 2006-103 Page 5 the Tustin City Code and the Planned Community Industrial zoning district. F. Parking controls shall be provided and may include, but not be limited to, provisions regulating vehicle and truck deliveries, vehicle and truck parking, loading and unloading activities, etc. ORANGE COUNTY FIRE AUTHORITY (5) 4.1 Prior to recordation of Final Parcel Map 2006-103, the applicant shall obtain all necessary approvals from the Orange County Fire Authority. FEES (1) 5.1 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 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 the 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. (1) 5.2 The applicant shall reimburse the City of Tustin for the actual cost incurred to the City by the City Attorney and/or Special Counsel service for review of the CC&Rs per City Council Resolution 05-99.