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02 PC REPORT MYFORD ROAD
DocuSign Envelope ID:DCEFBEDF-B68F-4670-BOEO-A214BF9F88E4 AGENDA REPORT ITEM #2 a MEETING DATE: MAY 23, 2023 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: DESIGN REVIEW (DR) 2022-0013, SUBDIVISION (SUB) 2022- 0003/TENTATIVE PARCEL MAP (TPM) 2022-153 APPLICANT: B8 MYFORD II INDUSTRIAL OWNER LLC PANATTONI DEVELOPMENT COMPANY, INC ATTN: MICHAEL SIZEMORE 2442 DUPONT DRIVE IRVINE, CA 92612 PROPERTY OWNER: B8 MYFORD II INDUSTRIAL OWNER LLC ATTN: JACOB R. LEBLANC 2442 DUPONT DRIVE IRVINE, CA 92612 LOCATION: 14321 AND 14351 MYFORD ROAD APN: 432-473-13 and 432-473-19 GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS (PCCB) ZONING: PLANNED COMMUNITY INDUSTRIAL (PC-IND) REQUEST: 1. Design Review (DR) 2022-0013 for site layout and building design of a new 148,437 square foot industrial warehouse building. 2. Subdivision (SUB) 2022-0003/Tentative Parcel Map (TPM) 2022-153: Merger of existing two (2) adjoining lots into one (1) new parcel (7.18 acres). S } e View from Myford Road (Proposed Project) DocuSign Envelope ID:DCEFBEDF-B68F-4670-BOEO-A214BF9F88E4 B8 Myford II Industrial Owner LLC May 23,2023 DR 2022-0013&SUB 2022-0003/TPM 2022-153 Page 2 ENVIRONMENTAL: A Mitigated Negative Declaration (MND) has been prepared in accordance with the provisions of the California Environmental Quality Act (CEQA) Article 6 of California Code of Regulations, Title 14, Chapter 3. RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 4472 finding the MND adequate for DR 2022-0013 and SUB 2022-0003/TPM 2022-153 for the proposed project at 14321 and 14351 Myford Road. 2. Adopt Resolution No. 4473 approving the following: • DR 2022-0013 for site layout and building design of a new 148,437 square foot industrial warehouse building on approximately 7.18 acres site; and • SUB 2022-0003/TPM 2022-153 to merge two (2)existing adjoining parcels into one (1) new parcel located at 14321 and 14351 Myford Road. APPROVAL AUTHORITY: 1. Design Review: Tustin City Code (TCC) Section 9272a authorizes the Community Development Director to consider a DR application; however, since the proposal includes an entitlement application that requires the Planning Commission approval, DR 2022-0013 is forwarded to the Planning Commission for concurrent consideration for site layout and building design. 2. Tentative Parcel Map: A tentative parcel map is required for all subdivisions creating four (4) or less parcels pursuant to TCC Section 9323b1(a). Section 9321 b of the TCC authorizes the Planning Commission to review and take action on Tentative Maps. BACKGROUND: Site and Location The project site is comprised of two (2) existing adjoining lots and consists of approximately 7.18 acres (312,560 square feet)on the west side of Myford Road between Walnut Avenue and Michelle Drive (Figure 1). The Project site is located on Assessor Parcel Numbers (APNs) 432-473-13 and 432-473-19. The City of Tustin's (City) General Plan land use designation for the Project site is Planned Community Commercial/Business (PCCB). The zoning for the Project site is Planned Community Industrial (PC IND), specifically the Irvine Industrial Complex Planned Community District. The southernmost lot(14351 Myford Road) is developed with an 81,008 square foot office DocuSign Envelope ID:DCEFBEDF-B68F-4670-BOEO-A214BF9F88E4 B8 Myford II Industrial Owner LLC May 23,2023 DR 2022-0013&SUB 2022-0003/TPM 2022-153 Page 3 building and the northernmost lot(14321 Myford Road) is developed with a 55,090 square foot industrial building. Both buildings would be vacated following approval of the proposed project and the existing buildings would be demolished as part of the proposed project. Surrounding uses in the general area include primarily industrial uses and some office and commercial uses. Properties surrounding the site, west of Myford Road, are all located within the PC IND zoning district. Properties to the east of Myford Road are located within the City of Irvine and consist of industrial, office, and sports complex buildings. y. PCIND b Industrial/ PC IND office J' use Industrial/ 14321 for Road office uses '14351 Myforc! Road k. PC IND � $, Industrial/ office uses ` Irvine 4, f Momentous + Sports Center— ;' City of Irvine Figure 1 —Vicinity Map and Surrounding Uses PROJECT DESCRIPTION: The applicant's request to establish a new industrial warehouse facility includes the following (Attachment C): 0 The demolition of two (2) existing buildings currently located on the project site; DocuSign Envelope ID:DCEFBEDF-B68F-4670-BOEO-A214BF9F88E4 B8 Myford II Industrial Owner LLC May 23,2023 DR 2022-0013&SUB 2022-0003/TPM 2022-153 Page 4 • Combination of two (2) parcels into one (1) parcel through a tentative parcel map; • Construction of one (1) new industrial warehouse facility of approximately 148,437 square feet, including 143,437 square feet of warehouse area, 5,000 square feet of mezzanine office area and nineteen (19) truck docks; • Provision of 103 on-site parking stalls; and • Provision of landscaping totaling 37,004 square feet. The proposed project is a speculative development and would accommodate a future industrial tenant. Subsequent tenant improvement plans would be required to be reviewed and approved by the City prior to interior build-out. A complete discussion of the project is provided under the "Discussion/Analysis" section. DISCUSSION/ANALYSIS: Design Review 2022-0013 The following provides a brief overview of the project's site plan layout and building design: OverviewTable I Site Plan and Building Layout I Site Size AML d -7.18 acres • —46.8% One (1) industrial warehouse building: 148,437 square feet, including Building143,437 square feet of warehouse area,5,000 square feet of mezzanine office area and nineteen(19)truck docks Height/Stories47 feet and 6 inches overall maximum height ProjectContemporary,concrete tilt-up industrial warehouse Parking AM 103 parking spaces provided on-site LandscapingLandscaped area:37,004 square feet(11%) Three total (3) driveways: one (1) central driveway for passenger vehicles only and two(2)driveways for vehicle and truck access Design, Massing and Articulation The proposed building is contemporary industrial warehouse, with staggered tilt-up concrete panels to provide articulation along Myford Road. The main entrances to the building would be clad in aluminum and capped by large entry windows and cantilevered metal canopies. Fenestration provides additional visual interest from the public right-of- way. Material choices include concrete, reflective glazing, metal, and a grey-scale paint scheme (Figure 2). The design of the proposed warehouse is consistent with similar industrial buildings near the project site. DocuSign Envelope ID:DCEFBEDF-B68F-4670-BOEO-A214BF9F88E4 B8 Myford II Industrial Owner LLC May 23,2023 DR 2022-0013&SUB 2022-0003/TPM 2022-153 Page 5 t+ .w�n W1 vwa Fwmi+rn 9na:v . .:,,.i.,y Nr.R.•.edrr sM1wwM m••m. STAGGERED 1673 swn74 GUSING wh.baw TILT-UP rowan? ol�ewra�iann.P CANTILEVERED PANELS CONCRETE METAL CANOPIES © S © apa• Ilaw c..o, ALUMINUM STOREFRONTS STAGGERED TILT-UP CONCRETE LARGE ENTRY �' PANELS WINDOWSI .I GLAZING Figure 2 — Myford Road (Front) Elevation Height restrictions within the Irvine Industrial Complex Planned Community District Regulations are regulated by the Federal Aviation Administration (FAA). The proposed project is outside of the notification area for John Wayne Airport (JWA). The proposed maximum height of the building is forty-seven feet and six inches (47'-6") and is below the airspace easement for JWA. Roof top mechanical equipment would be fully enclosed within a parapet, and other electrical equipment would be screened from public view as required by Conditions of Approval Nos. 3.8 and 3.11. ER .�1.'L - o m "EZZANINE AREA: K' ENTRANCE PROXIMATELY 5,000 S , _ r pOp V V BUILDING AREA . __.. C 148.487 S.F. .._. 2 •• • Y • ONE(1)STORY e•o�m WAREHOUSE AREA i �u 143.437 SF W - - - - 7 MAIN _ ENTRANCE y o. Figure 3 — Site Plan Access, Circulation and Parking Access and Circulation: The applicant intends to redesign and reconstruct the existing driveways to accommodate the proposed project and meet current local and American Disability Act standards (Condition of Approval No. 8.2A). The lot width of approximately 603 feet would feature a central, twenty-seven (27) foot wide driveway that would be limited to passenger vehicle access only (Condition of Approval No. 3.1 F). Two (2) DocuSign Envelope ID:DCEFBEDF-B68F-4670-BOEO-A214BF9F88E4 B8 Myford II Industrial Owner LLC May 23,2023 DR 2022-0013&SUB 2022-0003/TPM 2022-153 Page 6 additional driveways, at a thirty-five (35)foot wide each, would be located to the northeast and southeast portions of the project site, fronting Myford Road. These driveways would accommodate both vehicles and trucks (Figure 3). A master sign plan is required for developments in Planned Communities (Per Condition of Approval No. 5.1) and would include permanent directional/informational signs to facilitate smooth circulation by the motorist. A new twenty foot (20'-0") wide fire lane would be provided along the perimeter of the project site and would serve as the primary interior vehicular access within the site and provide access to the controlled areas adjacent to loading docks. Dock doors: The proposed industrial warehouse building would include nineteen (19) dock doors located on the western rear elevation of the building (opposite Myford Road) that would be fully screened from adjacent streets and trucks would be able to maneuver completely on the project site as required by Irvine Industrial Complex District Regulations Section V(J). Parking: Irvine Industrial Complex Planned Community Regulations Section V(E)2 requires a minimum of seventy-six (76) total parking spaces for the proposed office and warehouse uses. The project satisfies the parking requirements, by providing three (103) on-site parking spaces and also provides twenty-seven (27)surplus parking spaces (Attachment B, Table 1). The proposed project site plan does not include any automobile parking in the loading dock area in order to ensure efficient truck back up and turnaround. Landscaping, Lighting and Walls/Fences Landscapinq and Lighting: The site would include approximately 37,004 r square feet of landscaping in �° � accordance with the Irvine Industrial -' - Complex Planned Community District m= Regulations Section V(D) which specifies landscape design guidelines. The proposed landscape plan features water efficient design and includes roundcovers shrubs succulents and trees to provide screening and aesthetic treatment along all property _ lines. In addition, all planting and irrigation is required to comply with applicable water conservation limits -_ pursuant to the City's adopted Guidelines for Implementation of the Water Efficient Landscape Ordinance (TCC Section 9266e). A conceptual landscape plan is provided in Figure 4. 41,_. Figure 4— Conceptual Landscape DocuSign Envelope ID:DCEFBEDF-B68F-4670-BOEO-A214BF9F88E4 B8 Myford II Industrial Owner LLC May 23,2023 DR 2022-0013&SUB 2022-0003/TPM 2022-153 Page 7 Walls and Fences: The project includes fencing and gates that - + METAL SWING GATE WITH would secure the loading dock area of the project site. A new LEGEND SITE PLAN KEYNOTES eight (8) foot high tubular steel 5 PROPOSED THIGH TUBE STEEL FENCE fencing is proposed along the PROPGSEDe HIGH METAL SWING GATE PROPOSED 42"RAMP WALL west property line and a portion , PROTECT EXISTING 8'TUBE STEEL FENCE of the north perimeter to further LJ secure the loading dock area. An existing eight (8) foot fence along the southern property line ° would be protected in place. The loading dock area would also be secured by eight (8) foot high metal swing gates proposed on the north and south sides of the warehouse building. The two (2) - gates would provide truck access on the north and south side of the proposed building. The northerly gate would be __GETAATT NIT" ° approximately two hundred and fifty (250) feet from the public Figure 5— Fence Plan right-of-way, and the southerly gate would be approximately three hundred (300) feet from the public right-of-way. The location of the gates would allow for trucks to fully queue on the property as required by TCC Section 9266d2. Two (2), forty-two foot (42') high walls would be located on either end of the dock area. Development Standards: Table 2 provide a summary that shows how the proposed project complies with Irvine Industrial Complex Planned Community District Regulations and applicable PC IND zoning district development standards. DevelopmentTable 2 . . development Irvine Industrial Complex District Regulations Other applicable Proposed Project Compliance (IICDR)-Ordinance No. TCC regulations 611 • - Min. 30,000 square feet(SF) N/A 312,650 SF Yes Lot Coverage Max. 50% N/A 46.80% Yes Floor area NA 0.40-1.5 FAR per 0.47 Yes ratio General Plan setbackside 30 feet N/A 104'-6" Yes Side yard 10 feet N/A 35 feet(approx.) Yes setback None required N/A 74'-11" Yes DocuSign Envelope ID:DCEFBEDF-B68F-4670-BOEO-A214BF9F88E4 B8 Myford II Industrial Owner LLC May 23,2023 DR 2022-0013&SUB 2022-0003/TPM 2022-153 Page 8 DevelopmentTable 2 developmentit,4 M Proposed height:47'-6"; Subject to notification Located outside of the BuildingNotification Area for requirements&airspace N/A JWA; Maximum height Yes Height clearance for building,when of building clears the applicable. airspace easement for JWA. 94 Required fronting project Landscapingsite,site perimeters,& N/A 37,004 SF(or 11%) Yes parking areas Eight(8)feet maximum; No Eight(8)foot high Walls and walls greater than three(3) tubular steel fencing Fences feet within the setback area N/A along perimeter.Three Yes paralleling a street right-of- (3)foot walls provided way. adjacent docks On-site utility lines placed Utility lines placed Utilities underground and above- underground;screening ground equipment screened N/A of transformer Yes from view. equipment as required. Screened from view of Dock doors located adjacent streets,and provide access without the away from Myford;truck LoadN/A and vehicle Yes necessity of vehicle maneuvering provided maneuvers from frontage on-site. streets. Wall-mounted, pole- TCC Section mounted, bollards,and 9271 hh;Tustin landscape lighting Lighting N/A Ordinance No. provided.All other Yes 1503(City Lighting outdoor lighting would Ordinance) be shielded per TCC AASection 9271 hh. SUB 2022-0003 / TPM 2022-153 SUB 2022-0003/TPM 2022-153 proposes to merge existing two (2) adjoining parcels (APN: 432-473-13 and 432-473-19) into one (1) new parcel. Also included in the map are proposed easements for public utilities, ingress/egress for emergency and public service vehicles. The proposed combined lot is of sufficient size and shape to allow the construction of a new industrial warehouse building. The combined parcel exceeds the minimum 30,000 square foot lot area required per the Irvine Industrial Complex Planned Community District Regulations at 7.18 acres. Preliminary "will serve" letters from the respective utility providers have been provided by the Applicant stating that services can be provided. The local agency (City of Tustin) is required to transmit one (1) copy of the proposed TPM to other local agencies having jurisdiction. As such, a copy of proposed TPM 2022-153 was routed to outside agencies having jurisdiction over a title interest in the subject property for review and/or recommendations between October 17, 2022 and November 1, 2022, as required by Sections 66453—66455.7 of the California Government Code (Article 3 of the Subdivision Map Act). The City received three (3) letters from outside agencies including Santa Ana Unified School District (SAUSD) on October 24, 2022, Cox DocuSign Envelope ID:DCEFBEDF-B68F-4670-BOEO-A214BF9F88E4 B8 Myford II Industrial Owner LLC May 23,2023 DR 2022-0013&SUB 2022-0003/TPM 2022-153 Page 9 Communications on October 31, 2022, and the City of Irvine on October 27, 2022 (Attachment D). The following provides a summary of comments received: 1. SAUSD provided confirmation that the project does not fall within the SAUSD boundary; therefore, the agency did not have concerns with the project. 2. Cox Communications provided confirmation that there is existing Cox Communication equipment at both addresses that will not be affected by the parcel map changes; however, Cox Communications requested that their equipment be protected in place during construction activity at the project site. The notification from Cox Communications did not result in a modification to the TPM; however, Condition of Approval No. 3.17 for the project ensures the equipment will be protected. 3. The City of Irvine provided a letter stating no comment on the proposed TPM. No additional comments on the TPM were received from outside agencies. However, pursuant to Condition of Approval No. 3.4, updated "will serve" letters are required from the project site's respective utility providers stating that services can be provided to the site. The TPM would be consistent with the General Plan, the Tustin Subdivision Code, the Subdivision Map Act and other applicable provisions of the TCC. Further, the site is physically suitable for the type of development and proposed intensity in that the development of the industrial project at a floor area ratio of approximately 0.47 on a 7.18- acre site, is within the allowable intensity consistent within the proposed PCCB General Plan land use designation and the Planned Community Industrial (PC IND)zoning district development standards. PUBLIC HEARING NOTICE: The public hearing notice for the May 9, 2023 Planning Commission public hearing was published in the Tustin News on April 20, 2023, and the Community Development Department mailed a notice of public hearing to each of the property owners within 300 feet of the project site, inclusive of the project itself. Public notices were physically posted on the project site on April 20, 2023, more than ten (10) days in advance of the scheduled hearing date. The public comments received to date for this project pertain to the review of the TPM as described in the prior section of the report, and other comments pertain to Environmental Review as described in the section below. Any other comments received after the completion of the staff report will be provided to the Planning Commission prior to or at the scheduled public hearing. ENVIRONMENTAL REVIEW: The City reviewed the environmental impacts of the proposed project pursuant to the California Environmental Quality Act (CEQA). A Notice of Intent (NOI) to Adopt a Mitigated Negative Declaration (MND)was prepared and made available for a twenty(20) DocuSign Envelope ID:DCEFBEDF-B68F-4670-BOEO-A214BF9F88E4 B8 Myford II Industrial Owner LLC May 23,2023 DR 2022-0013&SUB 2022-0003/TPM 2022-153 Page 10 day public review period from April 20, 2023 to May 10, 2023. The following public comments were submitted to the City of Tustin during the public review period: 1. Dan Phu, Orange County Transit Authority, May 10, 2023 2. David Solomon, Young's Holdings, Inc., May 16, 2023 3. Tiffany Lin, City of Irvine, May 10, 2023 A summary of the comments is provided in Attachment G and are included in Exhibit C of Attachment E. Although State CEQA Guidelines Section 15088 does not require a City to prepare written responses to comments received, the City has elected to prepare the written responses with the intent of providing a comprehensive and meaningful evaluation of the proposed project. Pursuant to State CEQA Guidelines: • None of the comments provide substantial evidence that the Project will have significant environmental effects which would require preparation of an Environmental Impact Report; • None of the information in the letters or responses constitute the type of significant new information that requires recirculation of the MND for further public review; • None of the new material indicates that the project will result in a significant new environmental impact not previously disclosed in the Myford II Project MND; and • None of the information indicates that there would be a substantial increase in the severity of a previously identified environmental impact that will not be mitigated, or that there would be any of the other circumstances requiring recirculation described in State CEQA Guidelines Section 15073.5. The Draft Mitigated Negative Declaration (MND), Exhibit A of Attachment E, found potentially significant impacts of Tribal Cultural Resources. Although the proposed project could have a significant effect on Tribal Cultural Resources, there will not be a significant effect in this case because revisions to the project have been made by, or agreed to by, the project proponent. A MND was prepared and with the inclusion of the proposed mitigation measures, as described in the Mitigation Monitoring and Reporting Program (MMRP), Exhibit B of Attachment E, and proposed Project Design Features, adverse impacts are mitigated to the maximum extent feasible and below a level of significance. The findings for adoption of the MND are supported in Resolution No. 4472. Tribal Consultation Pursuant to Government Code Sections 21080.3.1, Assembly Bill (AB) 52 requires lead agencies to consider the effects of projects on tribal cultural resources and to conduct notification and consultation with Native American tribes that are traditionally and culturally affiliated with the geographic area of the proposed project, prior to the release of a negative declaration, mitigated negative declaration, or environmental impact report. DocuSign Envelope ID:DCEFBEDF-B68F-4670-BOEO-A214BF9F88E4 B8 Myford II Industrial Owner LLC May 23,2023 DR 2022-0013&SUB 2022-0003/TPM 2022-153 Page 11 In accordance with AB 52, including Public Resources Code Section 21080.3.1(d), the City obtained a list of local tribes from the Native American Heritage Commission (NAHC) and provided notification of the required thirty (30) day consultation period which commenced on June 30, 2022. Staff received one (1) response from the Gabrieleno Band of Mission Indians - Kizh Nation on July 5, 2022. No other requests for consultation regarding the proposed project from other local tribes were received by the City. An initial tribal consultation meeting, scheduled for July 26, 2022, was canceled due to unforeseen circumstances on the part of the Kizh Nation. Following the cancellation, Kizh Nation and City agreed to continue the tribal consultation by email correspondence. Kizh Nation provided draft tribal cultural resources (TCR) mitigation measures to the City on August 9, 2022, and after review of the draft TCRs, the project applicant requested follow-up consultation with Kizh Nation. A follow-up consultation meeting occurred on October 9, 2022. The applicant continued to collaborate with the tribe over several months on minor revisions to the draft mitigation measures. As a result, Mitigation Measures TCR 1 through TCR 3 have been included in the MND. TCR 1 through TCR 3 require the observation of ground disturbing activities to be monitored by a Native American monitor, that the applicant follow procedures for management of unanticipated discovery of Native American human remains, and associated funerary objects/grave goods associated with the burial, and procedures for Native American burials and funerary remains, if discovered (Exhibit B to Attachment E; Exhibit A to Attachment F). In accordance with Public Resources Code Section 21080.3.2(b)(2), all parties have acted in good faith in consulting regarding the Project. The City deemed the consultation process to have been concluded in accordance with Public Resources Code Section 21080.3.2(b)(2) on February 2, 2023. CONCLUSION: As proposed, the project complies with the objectives, land use regulations and development standards of the PC IND zoning district. Findings to support the Design Review and Subdivision requests have been included in the Planning Commission Resolution No. 4473. Findings of support of the MND for the environmental analysis have been included in Planning Commission Resolution No. 4472. DocuSigned by: DocuSigned by: E 48DE983E B4D246F... E48A67E19675[OF ._. Leila Carver Raymond Barragan Senior Planner Consultant Principal Planner EDocuSigned by: DocuSigned by: tea Rhuf rNu 2 ESAE588F82047F_.. ED45DA2623B 54A5... Irma Huitron Justina L. Willkom Assistant Community Development Community Development Director Director— Planning DocuSign Envelope ID:DCEFBEDF-B68F-4670-BOEO-A214BF9F88E4 B8 Myford II Industrial Owner LLC May 23,2023 DR 2022-0013&SUB 2022-0003/TPM 2022-153 Page 12 Attachments: A. Location/Radius Map B. Land Use Fact Sheet C. Submitted Plans dated May 23, 2023 D. Subdivision Map Agency Comments E. Resolution No.4472—Environmental Review Exhibit A:Draft MND/Appendices Exhibit B:MMRP Exhibit C:Final MND/Response to comments F. Resolution No.4473—DR 2022-0013, SUB 2022-0003/TPM 2022-153 Exhibit A: Conditions of Approval Exhibit B: Tentative Parcel Map G. Public Comments and Responses