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3. That the proposed use will comply with the provisions of this code; including any specific condition required for the proposed use, in the district, in which it would be located. The Zoning Code provides that the IG (PD) District allows the same uses as permitted in the existing IG District. However, staff has conditioned the approval to eliminate some of the IG permitted and conditionally permitted uses in order to provide a more attractive business park setting and to preclude traffic -generating uses such as retail. The IG (PD) designation also allows for a Planned Development (PD) application. 4. That the proposed use will not create adverse impacts on traffic or create demands exceeding the capacity of public services and facilities, which cannot be mitigated. As part of the requirement for the environmental analysis, a traffic report was prepared for the developer by TJKM Consulting Engineers. That report concluded that if the project site is limited to 15,000 s.f. of non -ancillary office use, then the project would not create an adverse impact on the local roadway system in the near -term (i.e., would not increase the LOS past acceptable levels). Under the cumulative scenario, two local intersections would operate beyond capacity with or without the proposed project. The project has been conditioned to require that the developer pay his fair share towards cumulative improvements. In addition, the developer has agreed to additional traffic mitigation (including a signal timing plan, and additional up -front fees) that will mediate potential impacts within a shorter time frame (i.e., prior to issuance of the first certificate of occupancy). The street system within the development will be privately owned and maintained by the association via CC&Rs. Off-street parking will be provided for each individual lot. There is adequate public service to the proposed subdivision, including but not limited to; the gas and electric company, the water district, waste disposal, cable TV, and police and fire departments. 5. The Planned Development Project Plan will provide superior urban design in comparison with the development under the base district zoning regulations. The proposed project provides for a high quality, modem industrial business park. With the proposed limitation on uses that do not fit in with this type of use and/or are high traffic trip generators, the quality of the business park setting will be maintained and impacts to the local roadway system will be minimized. The overall design and features, including landscaping, the use of bioswales, and retention of a wetlands area included within Planned Development enhances the development's long-term livability and value retention in this new development. 6. The Planned Development Project includes adequate provisions for utilities, services, and emergency vehicle access; and that public service demands will not exceed the capacity of the existing and planned systems. Findings of Fact November 4, 2002 PLN2002-00031 Bayside Business Park Page 3 of 7