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HomeMy WebLinkAboutConcept Plan 09-001TUSTIN ~~~,~ z~ ~,' :ff.; s Inter-Com ~ ~~ ; < ~~ ~~ ~ ~' DATE: JULY 26, 2010 '~~~ ,, .~ , `~ ~ TO: ZONING ADMINISTRATOR HlS I <~:iy BUILDING OUR FUTURE FROM: COMMUNITY DEVELOPMENT DEPARTMENT HONORING OUR PAST SUBJECT: CONCEPT PLAN 09-001 APPLICANT/ GARY POERTNER PROPERTY SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT OWNER: 28000 MARGUERITE PARKWAY MISSION VIEJO, CA 92692 LOCATION: MCAS TUSTIN SPECIFIC PLAN: PORTION OF PLANNING AREA 1-A AND 1-E, TUSTIN, CA 92782 GENERAL PLAN: MCAS TUSTIN SPECIFIC PLAN ZONING: MCAS TUSTIN SPECIFIC PLAN (SP-1) ENVIRONMENTAL STATUS: THAT ON JANUARY 16, 2001, THE CITY OF TUSTIN CERTIFIED THE PROGRAM FINAL ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT (FEIS/EIR) FOR THE REUSE AND DISPOSAL OF MCAS TUSTIN. ON APRIL 3, 2006, THE CITY COUNCIL ADOPTED RESOLUTION NO. 06-43 APPROVING AN ADDENDUM TO THE FEIS/EIR. THE PROPOSED PROJECT IS CONSISTENT WITH THE MCAS TUSTIN SPECIFIC PLAN AND IS DETERMINED NOT TO RESULT IN ANY NEW SIGNIFICANT ENVIRONMENTAL IMPACTS, PROPOSE SUBSTANTIAL CHANGES OR A SUBSTANTIAL INCREASE IN THE SEVERITY OF ANY PREVIOUSLY IDENTIFIED SIGNIFICANT IMPACTS IN THE FEIS/EIR AND ADDENDUM. MOREOVER, NO NEW INFORMATION OF SUBSTANTIAL IMPORTANCE HAS SURFACED SINCE CERTIFICATION OF THE FEIS/EIR AND ADDENDUM. THE ZONING ADMINISTRATOR HAS ALSO REVIEWED AND CONSIDERED THE ADDENDUM TO THE FEIS/EIR ADOPTED BY SOCCCD ON MARCH 24, 2009. THE ADDENDUM SUPPORTS THE DETERMINATION THAT THE PROPOSED PROJECT WILL NOT RESULT IN ANY NEW SIGNIFICANT ENVIRONMENTAL IMPACTS OR PROPOSES SUBSTANTIAL CHANGES OR INCREASES IN THE SEVERITY Zoning Administrator July 26, 2010 CP 09-001 Page 2 REQUEST: OF ANY PREVIOUSLY IDENTIFIED SIGNIFICANT IMPACTS IN THE FEIS/EIR. REQUEST FOR APPROVAL OF THE PHASE 3A CONCEPT PLAN, A CONCEPT PLAN ENCOMPASSING SUB-PLANNING AREAS 1-A AND 1-E, APPROXIMATELY TWENTY-EIGHT ACRES, OF THE ADVANCED TECHNOLOGY & EDUCATION PARK AT THE TUSTIN LEGACY WITH THE POTENTIAL DEVELOPMENT OF 305,000 SQUARE FEET OF EDUCATIONAL USE. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 10-002, approving Concept Plan (CP) 09-001 (Attachment B). BACKGROUND On February 3, 2003, the Tustin City Council adopted the MCAS Tustin Specific Plan to establish development regulations and procedures for reuse of the former Marine Corps Air Station (MCAS) Tustin. The MCAS Tustin Specific Plan divides the former base into Planning Areas. Planning Area 1 is planned to support various educational/institutional uses including the South Orange County Community College District (SOCCCD) which owns or leases portions of sub-planning areas 1-A and 1-E. Section 3.3.2.A of the MCAS Tustin Specific Plan identifies permitted and conditionally permitted uses within Planning Areas 1-A and 1-E of the MCAS Tustin Specific Plan. Section 4.2.2 of the MCAS Tustin Specific Plan requires approval of a Concept Plan by the Zoning Administrator prior to the submittal of a development proposal to ensure that the integrity, purpose and intent of the MCAS Tustin Specific Plan is maintained and satisfied at the earliest stages of site planning. On March 16, 2010, the Tustin City Council adopted Ordinance 1379 (Specific Plan Amendment 10-001) providing additional flexibility in determining allowable square footage within Planning Area 1-A, and to allow the submittal/approval of a concept plan for a portion of asub-planning area. The Zoning Administrator may make modifications to the proposed project as a result of the public meeting on the matter. The SOCCCD has submitted an application for Concept Plan for Phase 3A, a sub-area encompassing a portion of Planning Area 1-A and 1-E (see Figure 1). Zoning Administrator July 26, 2010 CP 09-001 Page 3 DISCUSSION Site and Surrounding Properties The Phase 3A site is located in the MCAS Tustin Specific Plan (SP-1) Zoning District and MCAS Tustin Specific Plan General Plan Land Use Designation. It is located within the SOCCCD'S Advanced Technology Education Park (ATEP) campus. The South Orange County Community College District Advanced Technology & Education Park site is approximately sixty-eight (68) acres. The Phase 3A project site is generally located north and south of Valencia Avenue, east of Red Hill Avenue, west of Armstrong Avenue, and north of the future Warner Avenue (see Figure 1 and Attachment A). The existing ATEP campus sits on two acres of the project site, at the northeast corner of Valencia Avenue and Red Hill Avenue, and is improved with classrooms, administration offices, and a parking lot. The Phase 3A project area includes approximately 28 acres in two areas to the north and south of Valencia Avenue (See Site Plan). The area north of Valencia Avenue is approximately seven acres and bounded by Valencia Avenue to the south, Lansdowne Road to the west, and includes McCain Smith Road to the north and east. The area south of Valencia Avenue is approximately 21 acres and bounded by Valencia Avenue to the north, Hope Drive and Red Hill Avenue to the west, vacant land, abandoned military buildings and the Orange County Sheriffs Training Facility to the east, and vacant land and abandoned military buildings to the south. Figure 1: Location Map • , ~, ~. >~ ; ~ ~ ~ ~i ~ / ..x .~,. } ~,~ ~;~ i 'ij15~N •~EG~9 ~ ~ ~ t ~/ / FOR4~lT MAAI C S ~ ~° ~~~``~a + ~~PROJ~CT ~ } ~ ,` L~CATION ',~ 4/ , ~,:, `s-t > 1 __ ~~t __~ CITY :, ,~'~ ~~jS. ~ ~T', ~~~ `'~ .~C_ 4 Y old % ,~ .f'`' ~ ~ J~' ~~ % . ~ ~~ ~, GTr , ~, / ~ ~r5*` i ~ r ~ ~~~ d~ ~': ~ HYIRF Project and Program Component Zoning Administrator July 26, 2010 CP 09-001 Page 4 The project is a request by the SOCCCD for approval of the Phase 3A Concept Plan to support the future development of the proposed Phase 3A area of the ATEP campus, not to exceed 305,000 square feet, at Tustin Legacy. The campus would have a focus on six academic areas, which are as follows: • Entertainment Arts and Technology • Nursing • Design Model Making and Rapid Prototyping • Optics and Photonics • Biotechnology • Workforce Development The Phase 3A buildings and other campus amenities would primarily be located south of Valencia Avenue and east of Hope Drive. Phase 3A includes the construction of two buildings, one being a "Dedicated Education Building" and the other being a "Joint-Use Education/Communication Arts Building" (see Figure 2). Fi ure 2: Submitted Site Plan ~ ,~ a,;~ _ _ _ ~ uJ~bT afK ~\~~ ~_ t ~ - ~ "'", ,„ .~~„ ,.." lmrmrrmmnm'nmr'~m`~nmmflrr ~r >.a, ~" i ~ +n °- ~ ~ r ll LJ ~ ~ ~~ _., .- - ~ ~ { ~-~` ~~E,~ - - ~. --_-~ -- ~ TP ~ ~ niiininiin~ ~ l~ ~ r I ~~ _ u J ~nnwnnunni i _ ~~~~~ W` ~'rrn~rRnlmnrnrRmrR ~ ^" ° A ••• °` '~ r ~ 1 _ u~utntnnimiiununnin '~,T ~~~~ ~ ~, I ~ f oa,woF _ w~ - ~ j ~ Ili~i(fliTfiPITIITIiTR i I ~ O IIIIIt11f1l llll 11 111 111 ` \ ~Y llllWW~~1111~~ ~ "'"" n ~ l1(i117MIT1T(iiliTi(fi1TITU 1 ~ ~ _ ..r' ~ ~ ~L1LLWlilllliiilll - ~ ~ ~ N IU i ~ ~ i w - .. i f ~ ' Sf ~ ~ ~ - - __ ~ ~~ ~ ~~ , ~ ~~~ ~ '-^ a m ... H~r~ v.~ e /lillllJ~ llJ1LLLjfuillfl NO~v ~232oe~E iLIPOCI cot14TY bPp P.fNaE p UjljiilTilf N er,cr+c,Fe ^q. wlNO ~ /~~ C~~~f ~ ~ ENTFA /~ Advanced Technobgy dt Educatbn Pads PHASE 3A S[IE PLAN ~oovau~vmumrn...mmuaumnc~-nom CONCEPIITAL SCIE LAYOUT - The Dedicated Education Building is proposed as a four-story structure located at the southeast corner of Valencia Avenue and Hope Drive and has approximately 195,000 square feet of floor area. The building is roughly L-shaped with frontages along Valencia Avenue and Hope Drive. Zoning Administrator July 26, 2010 CP 09-001 Page 5 The Joint-Use Education/Communication Arts Building is also proposed as a four-story structure. It would be located southeast of the Dedicated Education Building and have approximately 110,000 square feet of floor area. The building would be used for studios, laboratories, classrooms, administrative offices and support facilities. The subject property will be developed and used consistent with the Tustin General Plan, the MCAS Tustin Reuse Plan and Specific Plan (including without limitation the development standards therein as described in Section 4.2 of the Conveyance Agreement), the Cooperative Agreement D02-119 between the City of Tustin, Orange County Flood Control District and County of Orange, the Agreement between the City of Irvine and the City of Tustin regarding the Implementation, Timing and Funding of Transportation/Circulation Mitigation for the MCAS Tustin Project, the Amendment to the Joint Exercise of Powers Agreement Between the City of Santa Ana and City of Tustin Regarding the Tustin-Santa Ana Transportation System Improvement Authority, any Redevelopment Plan enacted with respect to the SOCCCD property, the Conveyance Agreement, and the Ground Lease. All uses planned will also be consistent with the definition of an Advanced Technology Education Campus as contained in the Conveyance Agreement between the SOCCCD and City of Tustin, and educational uses permitted under the MCAS Tustin Specific Plan. The definition of Advanced Technology Educational Campus means an education oriented development which may include traditional and non-traditional advanced education (extension and/or advanced degree opportunities), adult education, continuing education, vocational, job and educational training, or other education and training opportunities, as well as accessory uses when customarily associated with and subordinate to the educational uses, listed above, that would include the following uses: dormitory/student apartment housing; minor support commercial, office and retail service uses including but not limited to food services; administrative offices; a post office, medical/dental clinics; laboratories and office facilities used for basic and applied research, testing and consulting; industrial/commercial business incubators which support educational programs or provide educational opportunities; maintenance facilities, structures and storage facilities, and guard houses, gates and other security facilities and structures. The site plan also shows an existing military chapel relocated at the southeasterly corner of the project site. The status of the chapel and whether it will be utilized on-site or moved off-site is unknown. If the building is not moved, it would be used for classrooms, laboratories, administrative offices, food service and other support facilities and the total square footage will be included within the Phase 3A's maximum 305,000 square feet permitted with the proposed Concept Plan approval. Use of the chapel structure will also comply with the minimum building and landscaping setback areas and parking required under the MCAS Tustin Specific Plan. SOCCCD will identify in the subsequent Design Review Submittal for the Phase 3A site the permitted subordinate or ancillary non-educational uses supporting the educational activities within Phase 3A consistent with the definition in the Conveyance Agreement of Zoning Administrator July 26, 2010 CP 09-001 Page 6 Advanced Technology Education Campus. Any uses not listed in the Conveyance Agreement are subject to a determination by the Community Development Director as either permitted, permitted subject to a conditional use permit or prohibited, consistent with the terms and conditions of the Specific Plan, the Conveyance Agreement, the SOCCCD property quitclaim deed, and the Sublease (until the Sublease terminates). SOCCCD will obtain permits and approvals for the Concept Plan in accordance with sections 1.7.2 to 1.7.4 of the Conveyance Agreement. Parking and Circulation Table 3-6 of the MCAS Tustin Specific Plan identifies parking requirements for non- residential uses. Based upon information provided by the SOCCCD, the Phase 3A Concept Plan project meets the parking and circulation requirements of the Specific Plan. In addition, a traffic study was prepared and evaluated with the adoption of the MCAS Tustin Specific Plan. The proposed use was previously included in that analysis and is within the on-site ADT development thresholds identified in Table 4-4 of the MCAS Tustin Specific Plan. In addition, Condition 2.2a is proposed to ensure continued compliance with parking requirements of the Specific Plan at the Design Review stage. Concept Plan Pursuant to Section 4.2.2.A of the MCAS Tustin Specific Plan, preparation and submittal of a Concept Plan is required to be submitted for any portion of asub-planning area to document to insure that: The necessary linkages are provided between the development project and the Planning Area/Neighborhood in which it is located; • The integrity of the Specific Plan and purpose and intent of each Neighborhood is maintained; and, Other requirements that are not included in the Specific Plan are identified and satisfied. MCAS Tustin Specific Plan Section 4.2.2.C requires the Zoning Administrator to consider the following criteria prior to final action on a concept plan: Continuity and adequacy of all circulation systems, such as roads, access points, trails, pedestrian ways, and other infrastructure systems needed to serve the project; 2. Continuity and design quality of architecture and renovations proposed, as well as landscape and hardscape theme and treatments; 3. Satisfactory response to the urban design features specified in Chapter 2 and under each Planning Area in Chapter 3; Zoning Administrator July 26, 2010 CP 09-001 Page 7 4. Conformity with the Non-Residential Land Use/Trip Budget, including authorized adjustments; and 5. Compliance with other Specific Plan provisions. The proposed project provides for continuity of vehicular, pedestrian, and infrastructure facilities and linkages, including drainage facilities. As conditioned, the applicant will be required to submit a subsequent Design Review application that will incorporate quality architectural and landscape design and urban design features such as streetscape and landscape concepts, site design, and architectural design and will incorporate the requirements of the Specific Plan and other requirements such as the Uniform Building Code and Construction Standards for Private Improvements. As conditioned, the proposed project would also meet the intent and purposes as set forth in the MCAS Tustin Specific Plan. ENVIRONMENTAL That on January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. The proposed project is consistent with the MCAS Tustin Specific Plan and is determined not to result in any new significant environmental impacts, propose substantial changes or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR and Addendum. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR and Addendum. An Addendum to the FEIS/EIR was also adopted by SOCCCD on March 24, 2009. The Addendum supports the determination that the proposed project will not result in any new significant environmental impacts or proposes substantial changes or increases in the severity of any previously identified significant impacts in the FEIS/EIR. RECOMMENDATION Staff recommends that the Zoning Administrator adopt Zoning Administrator Action No. 10-002, approving the Phase 3A Concept Plan 09-001 project with a maximum square footage not to exceed 305,000 square feet, subject to the conditions contained within Exhibit A of that action. Dana L. Ogdon Assistant Director Attachments: Zoning Administrator Action No. 10-002 \\Cot-second\cdd-rda\Cdd1ZAREPORT\2010\CP 09-001 (ATEP Concept Plan Phase 3A)(4).doc ZONING ADMINISTRATOR ACTION 10-002 CONCEPT PLAN 09-001 SOCCCD PHASE 3A ATEP AT TUSTIN LEGACY The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. That a proper application for Concept Plan 09-001 was filed by the South Orange County Community College District (SOCCCD), requesting Concept Plan approval to support the future development of the proposed Phase 3A area of the Advanced Technology Education Campus (ATEP), not to exceed 305,000 square feet, at Tustin Legacy. B. That the site is designated in the General Plan within the MCAS Tustin Specific Plan and located within Planning Area 1-A within the MCAS Tustin Specific Plan, which provides for educational and institutional uses of the property. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That pursuant to the Agreement between the City of Tustin and South Orange County Community College District (SOCCCD) for Conveyance of a portion of MCAS Tustin and the establishment of an Advanced Technology Educational Campus, dated April 22, 2004, (the "Conveyance Agreement"), SOCCCD agreed: 1. The subject property would be used in perpetuity and continuously as an Advanced Technology Educational Campus. The definition of Advanced Technology Educational Campus contained in the Conveyance Agreement means an education oriented development which may include traditional and non-traditional advanced education (extension and/or advanced degree opportunities), adult education, continuing education, vocational, job and educational training, or other education and training opportunities, as well as accessory uses when customarily associated with and subordinate with the educational uses listed above that would include the following uses: dormitory/student apartment housing; minor support commercial, office and retail service uses including but not limited to food services; administrative offices; a post office; medical/dental clinics; laboratories and office facilities used for basic and applied research, testing and consulting; industrial/commercial business incubators which support educational programs or provide educational opportunities; maintenance facilities, structures and storage facilities, and guard houses, gates and other security facilities and structures. Any uses not listed above are subject to a determination by the Community Development Director as either Zoning Administrator Action 10-002 Concept Plan 09-001 Page 2 permitted, permitted subject to a conditional use permit or prohibited, consistent with the terms and conditions of the Specific Plan, the Conveyance Agreement, the SOCCCD property quitclaim deed, and the Sublease (until the Sublease terminates). 2. The subject property will be developed and used consistent with all Governmental Requirements, the Tustin General Plan, the MCAS Tustin Reuse Plan and Specific Plan ("Specific Plan"), the Cooperative Agreement DO2-119 between the City of Tustin, Orange County Flood Control District and County of Orange, the Agreement between the City of Irvine and the City of Tustin regarding the Implementation, Timing and Funding of Transportation/Circulation Mitigation for the MCAS Tustin Project, the Amendment to the Joint Exercise of Powers Agreement Between the City of Santa Ana and City of Tustin Regarding the Tustin-Santa Ana Transportation System Improvement Authority, any Redevelopment Plan enacted with respect to the SOCCCD property, the Conveyance Agreement, and the Ground Lease in consultation with City (submittals required to be submitted to City for comment and review prior to adoption or implementation). 3. Prior to commencing any use of the subject property or construction of installation of improvements, it shall comply with Development Processing Requirements, including the requirement to submit a Concept Plan for the Advanced Technology Education Campus in accordance with Section 4.2.2 of the Specific Plan and requirements contained in Section 4 of the Specific Plan. 4. To the extent that it processes plans for review and approval from the California Division of State Architect (DSA), the City shall continue to exercise normal processing; review and approval rights and collection of normal fees in connection therewith, on the following items pursuant to Section 1.7.3 of the Conveyance Agreement: plans for grading, draining, siting of improvements, alterations of the public right-of-way, circulation, parking and utility connections. Further, it will provide copies of all plans processed with DSA for City review and comment. D. That pursuant to Section 4.2.2.A of the MCAS Tustin Specific Plan, preparation and submittal of a Concept Plan is required to be submitted for any portion of asub-planning area to document to insure that: 1. The necessary linkages are provided between the development project and the Planning Area/Neighborhood in which it is located; 2. The integrity of the Specific Plan and purpose and intent of each Neighborhood is maintained; and Zoning Administrator Action 10-002 Concept Plan 09-001 Page 3 3. Applicable considerations of City requirements other than those spelled out in this Specific Plan are identified and satisfied. E. That a public meeting was duly called, noticed, and held by the Zoning Administrator for Concept Plan 09-001 on March 22, 2010, and continued to April 5, 2010, and continued to April 13, 2010, and held on July 26, 2010; F. That Concept Plan 09-001 is in conformance with the Tustin General Plan and MCAS Tustin Specific Plan and approval of Concept Plan 09-001, subject to conditions contained in Exhibit A attached hereto, and would achieve the development requirements set forth by the MCAS Tustin Specific Plan, including: Ensuring the continuity and adequacy of all circulation systems, such as: roadways, access points, pedestrian walkways, and other infrastructure systems needed to serve the project; 2. Ensuring the continuity and design quality of architecture, landscape, streetscape, and hardscape themes and treatments; 3. Providing urban design features as per Chapters 2 and 3 of the MCAS Tustin Specific Plan; 4. Ensuring conformity with the Non-Residential Land Use Trip Budget; and, 5. Ensuring compliance with all applicable provisions of the MCAS Tustin Specific Plan. G. That on January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR ("City Addendum"). The proposed project is consistent with the MCAS Tustin Specific Plan and is determined not to result in any new significant environmental impacts, propose substantial changes or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR and Addendum. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR and Addendum. The Zoning Administrator has also reviewed and considered the Addendum to the FEIS/EIR ("SOCCCD Addendum") adopted by SOCCCD on March 24, 2009. The FEIS/EIR and City Addendum supports the determination that the proposed project will not result in any new significant environmental impacts or proposes substantial changes or increases in the severity of any previously identified significant impacts in the FEIS/EIR. Zoning Administrator Action 10-002 Concept Plan 09-001 Page 4 The Zoning Administrator hereby approves Concept Plan 09-001 for the Phase 3A project with a maximum square footage not to exceed 305,000 square feet, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 26t" day of July, 2010. ELIZABETH A. BINSACK ZONING ADMINISTRATOR ELOISE HARRIS RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Eloise Harris, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 09-001 as duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 26t" day of July, 2010. ELOISE HARRIS RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONCEPT PLAN 09-001 SOCCCD PHASE 3A ATEP AREA GENERAL 1.1 The proposed project shall substantially conform to the submitted Concept Plan for the Phase 3A ATEP area project date stamped April 5, 2010, and on file with the Community Development Department as herein modified in accordance with this Exhibit. Concept Plan 09-001 is approved for development of a maximum square footage for the Phase 3A site not to exceed 305,000 square feet. All uses shall be consistent with the definition of Advanced Technology Education Campus contained in the Conveyance Agreement and uses permitted on the site under the Specific Plan, as it may be amended. The applicant shall be required to identify in its subsequent Design Review Submittal, the maximum square footage that would be subordinate or ancillary to educational uses on the site, consistent with the definition of permitted uses contained in the Conveyance Agreement. 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. 1.3 As a condition of approval of Concept Plan 09-001, the applicant shall agree, at its sole cost and expense, to defend the City's approval of the Concept Plan from any claim, action, or proceeding brought by a third party against the City, its officers, agents, consultants and employees, which seeks to attack, set aside, challenge, void, or annul the Zoning Administrator's approval of this Concept Plan. 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 the defense of any such action under this condition. 1.4 McCain Smith Road: a. McCain Smith Road shall be classified as a private street accessible to the general public and shall be constructed to retain a minimum right-of- way of 50 feet and shall comply with the applicable City street standards, with the exception that the City of Tustin will assume responsibility for construction and cost of the sidewalk, landscaping and lighting for the street on the north side of McCain Smith Road or within the future community park site with construction of the future community park. Zoning Administrator Action 10-002 Concept Plan 09-001 Page 2 b. The full right-of-way for McCain Smith Road shall be located within the Concept Plan 3A boundaries on SOCCCD property and will be secured by a future easement for vehicular and pedestrian access in conjunction with any future conveyance of the adjacent portions of the subject property by the City of Tustin to SOCCCD as required to implement the MCAS Tustin Reuse Plan/Specific Plan and facilitate redevelopment of MCAS Tustin pursuant to Section 9 of the Conveyance Agreement, subject to review and approval by the City. c. The intersection of McCain Smith Road and Valencia Avenue shall be posted (signed) for right-in and right-out turn movements only. d. The City and SOCCCD have agreed that the construction of the McCain Smith Road will be undertaken by the first party (either the City or SOCCCD) doing any construction north of Valencia Avenue. All construction costs, with the exception of the improvements to be constructed by the City as identified in Condition 1.4 a, will be shared by SOCCCD and the City equally. Prior to any subsequent Design Review approvals, the City and District shall enter into a Reimbursement Agreement related to the required construction. 1.5 McCord Road/Blackbird and Valencia Intersections. a. The proposed median modification at Valencia and its intersection with McCord Road shall be constructed and maintained by SOCCCD as shown on the Concept Plan for as long as the Child Care Center site is proposed for ownership by the City of Tustin. b. McCord Road. McCord Road shall be classified as a private street accessible to the general public and shall be constructed to retain a minimum right-of-way of 56 feet and comply with all City street standards including City Street Standard B-102 with thirty-six feet (36) minimum curb to curb dimension and ten (10) foot parkways on each side. The parkways shall include five foot (5) sidewalks and street lights on both sides of the street. The applicant shall construct McCord Road in conjunction with construction of those portions of the Phase 3A Concept Plan south of Valencia so long as the Child Care Center site is proposed for ownership by the City of Tustin. c. Blackbird Driveway. The Blackbird driveway located to the west of the McCord Road right-of-way shall designed and constructed by the applicant to ensure adequate for alternative access to Phase 3 future development to the west on the applicant's property and the Child Care Center from McCord Avenue in accordance with applicable City Zoning Administrator Action 10-002 Concept Plan 09-001 Page 3 standards and to the satisfaction of the City to ensure full turn around and other access accommodation without obstructions from future parking lot hardscape islands and parking spaces proposed with the Phase 3A Concept Plan. The applicant shall construct Blackbird Driveway in conjunction with the construction of the Phase 3 Concept Plan south of Valencia Avenue. d. A reciprocal access easement from McCord West across Blackbird and the full right-of-way of McCord Road will be required by the City in conjunction with any future conveyance of the adjacent portions of the subject property by the City of Tustin to SOCCCD required to implement the MCAS Tustin Reuse Plan/Specific Plan and facilitate redevelopment of MCAS Tustin pursuant to Section 9 of the Conveyance Agreement. The easement will be needed for access to the Child Care Center along McCord Avenue, the truck radius necessary for delivery to the rear of the child care center, and for the radius and movements needed to accommodate the area along the north side of the child care center and the west for ingress at the main signalized intersection proposed on the Concept Plan on Valencia by SOCCCD. Prior to issuance of an encroachment permit, SOCCCD shall submit a proposed legal description which complies with the intent of this condition for review and approval of the City. e. If for any reason, the Child Care Center is no longer proposed for ownership by the City of Tustin and the ownership of this site is assumed by the applicant, the applicant shall be responsible for modifying the Valencia median to close it opening at the intersection with McCord Road, and the applicant would be released from any need for construction of McCord Drive or the Blackbird Driveway and the need for the non-exclusive vehicular and pedestrian easement across the McCord Road right-of-way or Blackbird Driveway, subject to the City reserving the right to review and provide comments on any site plan submitted for development of the applicant's property or portions of the applicant's property within a LIFOC area that affects the McCord Road right-of-way nor currently proposed for land uses by the applicant's Phase 3 Concept Plan. 1.6 Infrastructure Construction and Payment Agreement. In the event that the City and applicant subsequently enter into an Infrastructure and Construction Agreement ("Agreement") that addresses the provision of future reservation of certain easements and obligations of the City and applicant for design and construction of McCain Smith Road, McCord Road, the McCord Road/Valencia Median and Intersection and Blackbird Driveway contemplated by the MCAS Tustin Specific Plan, Conveyance Agreement and the Phase 3 Concept Plan, conditions 1.4 and 1.5 shall Zoning Administrator Action 10-002 Concept Plan 09-001 Page 4 become null and void. However, the applicant shall be required to comply with all requirements of the Agreement between the City and applicant. 1.7 Valencia Avenue: SOCCCD shall be responsible for design and construction of sidewalks, parkways and median landscaping along Valencia Avenue along the frontage of the Concept Plan Phase 3A site. 1.8 Red Hill Avenue: SOCCCD shall be responsible for design and construction of permanent and interim parkway and streetscape as applicable along that portion of the frontage of Red Hill of the Concept Plan Phase 3A site, with interim parkway and streetscape improvements to be within the future right-of-way roadway improvements with the future right-of-way improvements to be constructed by others. All such improvements shall be subject to review and approval by the City Engineer based upon plans for the future widening of Red Hill Avenue. 1.9 In the event that the existing military chapel is retained on the subject property within the Concept Plan Phase 3A site, the total square footage shall be considered to be included within the maximum 305,000 square feet permitted with the Concept Plan approval. The structure, and any relocation, shall also be required to comply with the minimum building and landscaping setback areas and parking required under the MCAS Tustin Specific Plan. 1.10 Prior to or concurrent with construction plan development, SOCCCD shall demonstrate compliance with the City's 800 megahertz radio requirements. PLAN SUBMITTAL 2.1 streetscape Palette. At the Design Review Submittal, SOCCCD shall submit preliminary plans and plant palettes for each specific public street consistent with Design Review Submittal requirements to be reviewed and approved by the City and which demonstrate that any streetscape palette complies with the MCAS Tustin Specific Plan, the Tustin Legacy Park Design Guidelines, and Ordinance 1376. 2.2 At the Design Review Submittal, all application information required by the Tustin City Code and Department of Community Development shall be submitted including but not limited to the following: a. SOCCCD shall demonstrate that all uses proposed in conjunction with Concept Plan 09-001 will meet the MCAS Tustin Specific Plan parking requirements, including but not limited to the total number of required spaces, and the required design size and parking lot requirements associated with such spaces. Zoning Administrator Action 10-002 Concept Plan 09-001 Page 5 b. SOCCCD shall demonstrate that all buildings and structures shall comply with the minimum building and landscaping setback areas required under the MCAS Tustin Specific Plan. 2.3 The Austin-Foust Associates memorandum dated January 29, 2010, shall be signed and stamped by the author, with a final copy transmitted to the City, which shall include the following modifications: a. Regarding Item No. 3 -Indicated that the "Loop Road" referenced in the memorandum is actually the location of the main entrance driveway into the ATEP site. Loop Road is the temporary name of a roadway in another development at the Tustin Legacy. b. Regarding Item No. 6 -Indicate that the proposed signalized driveway is at the Valencia/Main Entrance (Loop Road). 2.4 The Concept Plan Progress Print (Revision date 01-27-10) shall be modified to show the curb-to-curb cross-section of McCain Smith Road as being 14-feet and 18-feet adjacent to the City Park. The intent is to provide on-street parking on the north side of the required right-of-way and the minimum half-street dimension required to accommodate parking and travel is 18-feet. In the event that the applicant desires to also provide parking on the south side of McCain Smith Road, the curb to curb width from the centerline south to the curb face will need to be 18-feet.